Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Slovenia (Ratification: 1992)

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

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.

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 regarding the adoption of the Health and Safety at Work Act (Official Gazette of the Republic of Slovenia, No. 43/11), which gives effect to Article 7(1) of the Convention (sections 49, 50 and 77); the practical guidelines on risk assessment for work with dangerous chemical agents; and the practical guidelines for health surveillance and biological monitoring of lead (No. 9/11). It also notes the Government’s indication that Slovenia transposed the directives of the European Union (EU) into its legislation in 2004 after consulting the most representative organizations of employers and workers and experts from the relevant research and educational institutions, and without modifying the criteria and exposure limits specified in the EU directives, thus giving effect to Article 8(2) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 11(3) of the Convention. Alternative employment or other measures to maintain the income of transferred workers. The Committee notes that sections 4, 7 and 8 of the Remedying Consequences of Work with Asbestos Act (No. 51/09) provide the workers covered by section 2 with the right to a disability pension under more favourable conditions. It also notes that under article 33(6) of the Health and Safety at Work Act, occupational medicine practitioners shall participate in the occupational rehabilitation process and advise on the choice of other appropriate work. With reference to its previous comments on this issue, the Committee requests the Government to provide further information on measures taken or envisaged to give effect to this Article of the Convention, and to indicate in particular whether the employer who receives this advice has the obligation to make every effort to provide the worker, whose continued assignment to work involving air pollution is found to be medically inadvisable, with suitable alternative employment.

Application of the Convention in practice. The Committee notes with interest the information provided by the Government according to which research on the effects on forestry workers of the vibration of chainsaws was conducted in 2009, and that these workers tested anti-vibration gloves to prevent the harmful effects of vibration. The Committee also notes the Government’s indication that during the reporting period, the annual reports of the labour inspectorate revealed that harmful noise was still present in numerous workplaces, particularly in those with outdated equipment, and that workers were insufficiently aware of the harmful consequences of noise and did not use personal protective equipment consistently. The Committee requests the Government to provide information on measures taken or envisaged to address the lack of awareness of workers on the hazards associated with noise, and to continue to provide information on the application of the Convention in practice.

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

Legislation. The Committee notes the information provided by the Government regarding the adoption of the Health and Safety at Work Act (Official Gazette of the Republic of Slovenia, No. 43/11), which gives effect to Article 7(1) of the Convention (sections 49, 50 and 77); the practical guidelines on risk assessment for work with dangerous chemical agents; and the practical guidelines for health surveillance and biological monitoring of lead (No. 9/11). It also notes the Government’s indication that Slovenia transposed the directives of the European Union (EU) into its legislation in 2004 after consulting the most representative organizations of employers and workers and experts from the relevant research and educational institutions, and without modifying the criteria and exposure limits specified in the EU directives, thus giving effect to Article 8(2) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 11(3) of the Convention. Alternative employment or other measures to maintain the income of transferred workers. The Committee notes that sections 4, 7 and 8 of the Remedying Consequences of Work with Asbestos Act (No. 51/09) provide the workers covered by section 2 with the right to a disability pension under more favourable conditions. It also notes that under article 33(6) of the Health and Safety at Work Act, occupational medicine practitioners shall participate in the occupational rehabilitation process and advise on the choice of other appropriate work. With reference to its previous comments on this issue, the Committee requests the Government to provide further information on measures taken or envisaged to give effect to this Article of the Convention, and to indicate in particular whether the employer who receives this advice has the obligation to make every effort to provide the worker, whose continued assignment to work involving air pollution is found to be medically inadvisable, with suitable alternative employment.

Application of the Convention in practice. The Committee notes with interest the information provided by the Government according to which research on the effects on forestry workers of the vibration of chainsaws was conducted in 2009, and that these workers tested anti-vibration gloves to prevent the harmful effects of vibration. The Committee also notes the Government’s indication that during the reporting period, the annual reports of the labour inspectorate revealed that harmful noise was still present in numerous workplaces, particularly in those with outdated equipment, and that workers were insufficiently aware of the harmful consequences of noise and did not use personal protective equipment consistently. The Committee requests the Government to provide information on measures taken or envisaged to address the lack of awareness of workers on the hazards associated with noise, and to continue to provide information on the application of the Convention in practice.

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

Further to its observations, the Committee requests the Government to provide additional information on the following points.

Article 7, paragraph 1. Measures to require workers to comply with safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration in the working environment. The Committee notes the information provided by the Government indicating the numerous provisions which state the obligations on the employer with regards to the safety and health of their workers in the workplace. The Committee asks the Government to indicate the provisions requiring workers to comply with safety procedures against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8, paragraph 2. Elaboration of criteria and determination of exposure limits shall take into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned. The Committee notes the information provided by the Government indicating that representatives of employers and workers are directly involved in the process of creating regulations in the field of health and safety and work. The Committee reiterates its request that the Government indicate whether the opinions of technically competent persons, designated by the most representative organizations of employers and workers concerned, were taken into account in the elaboration of the criteria and the determination of the exposure limits to air pollution, noise and vibration at work.

Article 11, paragraph 3. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee notes that section 11 of the Health and Safety Act, 1999, states that work-related health impairment may not affect an employee’s pay nor encroach upon their economic and social status acquired through work. The Committee also notes that section 15(4) of the Rules on protection of workers from risks related to exposure to noise at work, and section 10 of the Rules on protection of workers from risks related to exposure to vibration at work, state that where a medical practitioner advises the employer of adverse effect on the worker’s health caused by exposure to noise or vibration, the employer should, inter alia, consider the possibility of transferring the worker to another workplace, which does not entail the risk of further exposure. Furthermore, the Committee notes the information that, under section 91 of the Pension and Disability Insurance Act, an insuree who can work full-time in their profession but is unable to work in the working place to which they have been assigned, obtains the right to reassignment, and has the right to a disability benefit (section 92). The Committee asks the Government to provide information on measures taken or envisaged to ensure that an employer must consider the possibility of transferring a worker whose continued assignment to work involving exposure to air pollution is found to be medically inadvisable; and to provide information on the application of sections 91 and 92 of the Pension and Disability Insurance Act in practice.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government stating that, according to the 2008 annual report of the labour inspectorate, irregularities identified during inspections are often due to insufficient awareness by workers and employers with regards to hazardous and noxious substances. The Committee also notes the information indicating that there is a need to promote the hazards of vibration at the workplace given the lack of practice in this area, except in occupations where such a hazard is obvious, for example forestry work and wood processing. The Committee asks the Government to provide information on measures taken or envisaged to address the lack of awareness in workplaces on hazards from the use of noxious substances, and from vibration; and to continue to provide information on the application of the Convention in practice.

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

The Committee notes with satisfaction the information provided by the Government indicating the adoption of Rules on the protection of workers from risks related to exposure to vibration at work (No. 94/2005); recent legislative amendments to the Rules on the protection of workers from risks related to exposure to chemical substances at work (No. 53/2007), and the Rules on the protection of workers from risk related to exposure to noise at work (No. 18/2006) which indicate effect given to Article 3, Article 4, Article 8(1) and (3), Article 9, Article 12 and Article 15 of the Convention.

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

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

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

The Committee notes the information provided in the Government’s latest report. In particular it notes the enactment of the Labour Inspection Act of 20 June 1994, as amended on 21 May 1997 (Official Gazette of the Republic of Slovenia, No. 56/99), and the Health and Safety at Work Act of 30 June 1999 (Official Gazette of the Republic of Slovenia, No. 38/94 and 32/97), as well as the steps undertaken to specify the requirements on the safety statement prescribed in section 14 of the Health and Safety at Work Act. The Government is requested to keep the Office informed on any further specific regulations adopted or envisaged regarding air pollution, noise and vibration at the workplace which might ensure the practical implementation of the measures prescribed in the legal frame of the Health and Safety at Work Act and the Labour Inspection Act, including those adopted or envisaged to replace the regulations which, according to section 65 of the Health and Safety at Work Act, shall be applied until new regulations will have been adopted. The Committee hopes the Government will supply copies of such texts adopted as well as of any relevant collective agreements, in order to enable it to assess the extent to which the Convention is applied. The Government is requested to supply further information in its next report on the following points.

Article 3 of the Convention. The Committee would be grateful if the Government would indicate whether there are provisions of national laws or regulations that define the terms "air pollution", "noise" and "vibration". With respect to the term "noise", the Committee notes the information provided by the Government that regulations on safety and health in the event of dangerous noise are in preparation. The Committee hopes that the Government will take this opportunity to define the term "noise" in accordance with the definition provided in the Convention. Please provide a copy of the regulations when they are adopted.

Article 4. The Committee notes the provisions of the Health and Safety at Work Act concerning the employer’s responsibility for compliance with prevention, control and protection measures in order to ensure health and safety at work (sections 5, 6, 14 of the Act). The Government is requested to indicate any laws or regulations which prescribe such measures against occupational hazards in the working environment due to air pollution and vibration.

Article 7, paragraph 1. The Committee notes that section 36 of the Health and Safety at Work Act provides for the general obligation of employees to observe prescribed safety measures. Please indicate the provisions requiring workers to comply with safety procedures against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8, paragraph 1. Exposure to noise. The Committee notes that according to section 65 of the Health and Safety at Work Act the regulations on General Measures and Standards concerning Noise at Work Premises of 8 July 1971 (Official Gazette of the SFR of Yugoslavia, No. 29) will remain in force until the new Rules on Safety and Health at Work in relation to Dangerous Noise will be adopted. The Government is requested to keep the Office informed on any developments in this respect and to provide a copy of any new text adopted.

Exposure to air pollution and vibration. The Government is requested to indicate the measures taken or envisaged to elaborate criteria for determining the hazards of exposure to air pollution and vibration.

Article 8, paragraph 2. Please indicate whether the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account in the elaboration of the criteria and the determination of the exposure limits to air pollution, noise and vibration at work.

Article 8, paragraph 3. Please indicate whether the criteria and exposure limits are established, supplemented and revised in light of current national and international knowledge and data, and whether account is taken of any increase of occupational hazards resulting from simultaneous exposure to several harmful factors.

Article 9. The Committee understands that, with respect to noise, the rules which at the date of the latest report, were still in preparation, shall provide technical and supplementary organizational measures which are applicable to new and existing plants as well as to processes in design or installation and to existing processes. Please keep the Office informed in this regard and please provide a copy of the adopted text. The Committee notes that the Government’s report gives no further particulars in reply to its previous comments concerning the Act respecting Fundamental Rights arising out of the Employment Relationship of 8 September 1989 (Official Gazette of the SFR of Yugoslavia, No. 921). The Committee therefore hopes that the next report will indicate whether the Act is still in force. If this is the case, the Government is requested to indicate which administrative agency is competent for work operations and prescribes the measures and standards for protection at work in technological work processes, according to section 38 of the Act. The Government is also requested to provide copies of any texts which set forth supplementary organizational measures to keep the working environment free from hazards due to air pollution, noise and vibration, as far as possible, either as prescribed by the abovementioned agency under section 38 of the Act or as provided for in public instruments or collective agreements, to be applied by the organization or the employer, according to section 36 of the Act.

Article 11, paragraph 3. The Committee notes that an employee may work at a workplace or in conditions in which he is exposed to increased danger of injury or health impairment under conditions specified in special regulations and on [the] basis of professional assessment (section 35 of the Health and Safety at Work Act). The Government’s report, however, contains no information on the questions already raised in the Committee’s previous comments concerning section 48 of the Act respecting Fundamental Rights arising out of the Employment Relationship of 8 September 1989 (Official Gazette of SFR of Yugoslavia, No. 921). Section 48 of this Act provides that a worker with reduced working capacity and a worker employed on tasks where there is a risk of the onset of disability shall have the right to be assigned to a suitable post. The duty of the organization or the employer to guarantee the worker a post for which he or she is capable is subject to the conditions and the manner prescribed by a public instrument or by collective agreement, in accordance with the law. The Government is requested to indicate any conditions prescribed concerning the provision of suitable alternative employment for a worker whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

Article 12. The Government is requested to indicate the types of hazards and harmful operations involving exposure of workers to air pollution, noise or vibration for which advance notification must be given and to give particulars of any conditions prescribed by the competent authority for the use of certain processes, substances, machinery or equipment.

Article 15. Please indicate whether there are legislative or other provisions similar to sections 5, 15, 16, 18, 19 and 20 of the Health and Safety at Work Act of 30 June 1999 requiring the employer to appoint a competent person, or use a competent outside service or service common to several undertakings, to deal with matters pertaining to the prevention and control specifically of air pollution, noise and vibration in the working environment.

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

The Committee notes with interest the information provided in the Government’s latest report. In particular it notes the enactment of the Labour Inspection Act of 20 June 1994, as amended on 21 May 1997 (Official Gazette of the Republic of Slovenia, No. 56/99), and the Health and Safety at Work Act of 30 June 1999 (Official Gazette of the Republic of Slovenia, No. 38/94 and 32/97), as well as the steps undertaken to specify the requirements on the safety statement prescribed in section 14 of the Health and Safety at Work Act. The Government is requested to keep the Office informed on any further specific regulations adopted or envisaged regarding air pollution, noise and vibration at the workplace which might ensure the practical implementation of the measures prescribed in the legal frame of the Health and Safety at Work Act and the Labour Inspection Act, including those adopted or envisaged to replace the regulations which, according to section 65 of the Health and Safety at Work Act, shall be applied until new regulations will have been adopted. The Committee hopes the Government will supply copies of such texts adopted as well as of any relevant collective agreements, in order to enable it to assess the extent to which the Convention is applied. The Government is requested to supply further information in its next report on the following points.

Article 3 of the Convention. The Committee would be grateful if the Government would indicate whether there are provisions of national laws or regulations that define the terms "air pollution", "noise" and "vibration". With respect to the term "noise", the Committee notes the information provided by the Government that regulations on safety and health in the event of dangerous noise are in preparation. The Committee hopes that the Government will take this opportunity to define the term "noise" in accordance with the definition provided in the Convention. Please provide a copy of the regulations when they are adopted.

Article 4. The Committee notes the provisions of the Health and Safety at Work Act concerning the employer’s responsibility for compliance with prevention, control and protection measures in order to ensure health and safety at work (sections 5, 6, 14 of the Act). The Government is requested to indicate any laws or regulations which prescribe such measures against occupational hazards in the working environment due to air pollution and vibration.

Article 7, paragraph 1. The Committee notes that section 36 of the Health and Safety at Work Act provides for the general obligation of employees to observe prescribed safety measures. Please indicate the provisions requiring workers to comply with safety procedures against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8, paragraph 1. Exposure to noise. The Committee notes that according to section 65 of the Health and Safety at Work Act the regulations on General Measures and Standards concerning Noise at Work Premises of 8 July 1971 (Official Gazette of the SFR of Yugoslavia, No. 29) will remain in force until the new Rules on Safety and Health at Work in relation to Dangerous Noise will be adopted. The Government is requested to keep the Office informed on any developments in this respect and to provide a copy of any new text adopted.

Exposure to air pollution and vibration. The Government is requested to indicate the measures taken or envisaged to elaborate criteria for determining the hazards of exposure to air pollution and vibration.

Article 8, paragraph 2. Please indicate whether the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account in the elaboration of the criteria and the determination of the exposure limits to air pollution, noise and vibration at work.

Article 8, paragraph 3. Please indicate whether the criteria and exposure limits are established, supplemented and revised in light of current national and international knowledge and data, and whether account is taken of any increase of occupational hazards resulting from simultaneous exposure to several harmful factors.

Article 9. The Committee understands that, with respect to noise, the rules which at the date of the latest report, were still in preparation, shall provide technical and supplementary organizational measures which are applicable to new and existing plants as well as to processes in design or installation and to existing processes. Please keep the Office informed in this regard and please provide a copy of the adopted text. The Committee notes that the Government’s report gives no further particulars in reply to its previous comments concerning the Act respecting Fundamental Rights arising out of the Employment Relationship of 8 September 1989 (Official Gazette of the SFR of Yugoslavia, No. 921). The Committee therefore hopes that the next report will indicate whether the Act is still in force. If this is the case, the Government is requested to indicate which administrative agency is competent for work operations and prescribes the measures and standards for protection at work in technological work processes, according to section 38 of the Act. The Government is also requested to provide copies of any texts which set forth supplementary organizational measures to keep the working environment free from hazards due to air pollution, noise and vibration, as far as possible, either as prescribed by the abovementioned agency under section 38 of the Act or as provided for in public instruments or collective agreements, to be applied by the organization or the employer, according to section 36 of the Act.

Article 11, paragraph 3. The Committee notes that an employee may work at a workplace or in conditions in which he is exposed to increased danger of injury or health impairment under conditions specified in special regulations and on [the] basis of professional assessment (section 35 of the Health and Safety at Work Act). The Government’s report, however, contains no information on the questions already raised in the Committee’s previous comments concerning section 48 of the Act respecting Fundamental Rights arising out of the Employment Relationship of 8 September 1989 (Official Gazette of SFR of Yugoslavia, No. 921). Section 48 of this Act provides that a worker with reduced working capacity and a worker employed on tasks where there is a risk of the onset of disability shall have the right to be assigned to a suitable post. The duty of the organization or the employer to guarantee the worker a post for which he or she is capable is subject to the conditions and the manner prescribed by a public instrument or by collective agreement, in accordance with the law. The Government is requested to indicate any conditions prescribed concerning the provision of suitable alternative employment for a worker whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

Article 12. The Government is requested to indicate the types of hazards and harmful operations involving exposure of workers to air pollution, noise or vibration for which advance notification must be given and to give particulars of any conditions prescribed by the competent authority for the use of certain processes, substances, machinery or equipment.

Article 15. Please indicate whether there are legislative or other provisions similar to sections 5, 15, 16, 18, 19 and 20 of the Health and Safety at Work Act of 30 June 1999 requiring the employer to appoint a competent person, or use a competent outside service or service common to several undertakings, to deal with matters pertaining to the prevention and control specifically of air pollution, noise and vibration in the working environment.

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:

Article 8 of the Convention

1. Exposure to noise. The Committee notes the regulations respecting general measures and standards for protection at work against noise (Sluzbeni List SFRJ, No. 29 of 8 July 1971) referred to in the Government's report which establish criteria for determining the hazards due to noise and fix exposure limits to noise in the workplace, in accordance with Article 8, paragraph 1. The Government is requested to indicate whether any steps are being made to revise these regulations in keeping with the latest scientific findings in the area, as required by Article 8, paragraph 3 and to indicate the manner in which the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account in the revision (Article 8, paragraph 2).

2. Exposure to vibration. The Government is requested to indicate the measures taken or envisaged to elaborate criteria for determining the hazards of exposure to vibration.

Article 9(b). The Committee notes Act (No. 921) of 8 September 1989 respecting Fundamental Rights Arising out of the Employment Relationship, section 36 of which provides that the organization or the employer shall ensure the necessary conditions for protection at work in accordance with law and public instruments or collective agreements, while section 38 of the Act provides that the measures and standards for protection at work in technological work processes shall be prescribed by the administrative agency competent for work operations. The Government is requested to indicate whether this Act is still in force and, if so, which administrative agency is competent for work operations. The Government is also requested to provide copies of any texts which set forth supplementary organizational measures to keep the working environment free from hazards due to air pollution, noise and vibration, as far as possible, either as prescribed by this agency (under section 38) or which are provided for in public instruments or collective agreements (section 36).

Article 11, paragraph 3. The Committee notes that section 48 of the Act (No. 21) of 8 September 1989 respecting Fundamental Rights Arising out of the Employment Relationship provides that a worker with reduced working capacity and a worker employed on tasks where there is a risk of the onset of disability shall have the right to be assigned to a suitable post. It further notes that the duty of the organization or the employer to guarantee the worker a post for which he or she is capable is subject to the conditions and the manner prescribed by a public instrument or by collective agreement, in accordance with the law. The Government is requested to indicate any conditions prescribed concerning the provision of suitable alternative employment for a worker whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

Article 12. The Government is requested to indicate the types of hazardous and harmful operations involving exposure of workers to air pollution, noise or vibration for which advance notification must be given and to give particulars of any conditions prescribed by the competent authority for the use of certain processes, substances, machinery or equipment.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided in the Government's report. The Government is requested to supply further information, in its next report, on the following points:

Article 8 of the Convention

1. Exposure to noise. The Committee notes the regulations respecting general measures and standards for protection at work against noise (Sluzbeni List SFRJ, No. 29 of 8 July 1971) referred to in the Government's report which establish criteria for determining the hazards due to noise and fix exposure limits to noise in the workplace, in accordance with Article 8, paragraph 1. The Government is requested to indicate whether any steps are being made to revise these regulations in keeping with the latest scientific findings in the area, as required by Article 8, paragraph 3 and to indicate the manner in which the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account in the revision (Article 8, paragraph 2).

2. Exposure to vibration. The Goverment is requested to indicate the measures taken or envisaged to elaborate criteria for determining the hazards of exposure to vibration.

Article 9(b). The Committee notes Act (No. 921) of 8 September 1989 respecting Fundamental Rights Arising out of the Employment Relationship, section 36 of which provides that the organization or the employer shall ensure the necessary conditions for protection at work in accordance with law and public instruments or collective agreements, while section 38 of the Act provides that the measures and standards for protection at work in technological work processes shall be prescribed by the administrative agency competent for work operations. The Government is requested to indicate whether this Act is still in force and, if so, which administrative agency is competent for work operations. The Government is also requested to provide copies of any texts which set forth supplementary organizational measures to keep the working environment free from hazards due to air pollution, noise and vibration, as far as possible, either as prescribed by this agency (under section 38) or which are provided for in public instruments or collective agreements (section 36).

Article 11, paragraph 3. The Committee notes that section 48 of the Act (No. 921) of 8 September 1989 respecting Fundamental Rights Arising out of the Employment Relationship provides that a worker with reduced working capacity and a worker employed on tasks where there is a risk of the onset of disability shall have the right to be assigned to a suitable post. It further notes that the duty of the organization or the employer to guarantee the worker a post for which he or she is capable is subject to the conditions and the manner prescribed by a public instrument or by collective agreement, in accordance with the law. The Government is requested to indicate any conditions prescribed concerning the provision of suitable alternative employment for a worker whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

Article 12. The Government is requested to indicate the types of hazardous and harmful operations involving exposure of workers to air pollution, noise or vibration for which advance notification must be given and to give particulars of any conditions prescribed by the competent authority for the use of certain processes, substances, machinery or equipment.