Individual Case (CAS) - Discussion: 2008, Publication: 97th ILC session (2008)

Asbestos Convention, 1986 (No. 162) - Croatia (Ratification: 1991)

A Government representative, recalling that this was the third occasion on which the application of Convention No. 162 by Croatia had been discussed by the Conference Committee, said that many measures had been taken by the Government to achieve full and effective application of the Convention, as well as to conform to European Union standards, including the adoption of several legislative texts.

The Act on mandatory health monitoring of workers occupationally exposed to asbestos, which had entered into force on 7 August 2007, defined who was considered to be a worker exposed to asbestos and regulated the methods for monitoring the health of such workers, the procedure for diagnosing occupational diseases caused by asbestos, the bodies responsible for health monitoring, and the bodies responsible for conducting diagnostic procedures in the event of suspicion of an occupational disease caused by asbestos. The Act provided that the health of workers occupationally exposed to asbestos and of those who had been recognized as suffering from an occupational disease caused by asbestos was to be monitored, and that diagnostic procedures for suspected occupational diseases were to be undertaken by occupational medical specialists. Health monitoring entailed mandatory preventive examinations at least every three years for a period of 40 years following the termination of the worker's occupational exposure to asbestos, irrespective of whether an occupational disease had already been diagnosed.

Under the Act, not only workers currently at risk of occupational asbestos exposure, but also retired workers and unemployed persons previously employed in workplaces where occupational exposure was possible, were considered to be workers exposed to asbestos. All three categories were included in the health monitoring programme. The Croatian Institute for Occupational Health and Safety Insurance (CIOHSI) was responsible for the procedures for diagnosing and recognizing occupational diseases caused by asbestos and for running the occupational safety and health insurance scheme, which included measures to prevent and detect occupational diseases, as well as rights in the event of diagnosis. A register of workers reported to be suffering from occupational diseases caused by asbestos was maintained by the Croatian Institute for Occupational Medicine (CIOM). The Register of Occupational Diseases defined precisely all diseases caused by asbestos, using codes from the European Schedule of occupational diseases and diagnostic criteria from the 10th International Classification of Diseases and Related Health Problems in Occupational Health. The Register had been kept since 2000 and was continually updated.

With a view to regulating the entitlement to financial compensation of workers diagnosed with, and recognized as suffering from, an occupational disease caused by asbestos, the Act on compensating workers occupationally exposed to asbestos had also entered into force on 7 August 2007. It covered the procedure for granting claims, the procedure and competent body for settling claims, and the provision of funds for making compensation payments to workers suffering from occupational diseases caused by asbestos. Pursuant to this Act, on 23 August 2007, the Government had established a commission to settle compensation claims. The commission was composed of representatives of the ministries responsible for the economy, health, finances and justice; a representative of the CIOM; a representative of the CIOHSI; a representative of associations representing workers suffering from occupational diseases caused by asbestos; and two trade union representatives. Administrative and technical support was provided by the CIOHSI. By the end of May 2008, the commission had received 710 claims for compensation, while 221 cases had been medically recognized by 1 January 2008 and compensation totalling more than 1 million kuna had been paid to nine claimants by June 2008. Many cases had been delayed due to lack of information. The representatives of associations of workers affected by asbestosis and of the CIOM had been consulted in the preparation of both the above Acts, for which two joint meetings had been organized.

A third Act, on the requirements for workers occupationally exposed to asbestos to an old-age pension had entered into force on 7 August 2007, granting such workers more favourable conditions in the pension scheme based on solidarity between the generations. Occupational exposure to asbestos was deemed to be any direct or indirect exposure to asbestos arising from work performed for an employer, whether it was a natural or legal person, with its seat in the Republic of Croatia and using asbestos in their production. By the end of May 2008, 32 claims had been submitted and resolved. Of the 103 people at the Salonit-Vranjic factory, 81 were eligible for a pension under the Act but had not yet submitted claims.

In the area of environmental protection, a waste management plan for 2007-15 had been prepared, and an Act on the transport of hazardous substances and an ordinance on methods and procedures for the management of waste containing asbestos had entered into force. An ordinance on the protection of workers from the risks related to exposure to asbestos had also been adopted.

On 26 September 2007, the disposal and remediation of asbestos cement waste from the Salonit-Vranjic factory had been completed. The work had been carried out in accordance with professional rules and regulations on handling asbestos waste and the regulations and instructions of the competent ministry. On several occasions, work had been performed at night to avoid working in high daytime temperatures. Transportation had been carried out in accordance with the regulations governing the transport of hazardous substances. The asbestos products remaining in the factory area did not represent hazardous waste as the asbestos was bonded in asbestos cement products. Further procedures to deal with those products were included in the remediation programme for clearing the factory area and would be carried out as prescribed by the law. An agreement had recently been signed with the Croatian Institute for Environmental Protection regarding the second phase of the project.

The Government had been extremely active in developing an integral solution to asbestos-related problems across the country. All necessary legislative and institutional measures had been taken, and the Acts adopted provided a complete legal basis for the exercise of the rights of workers occupationally exposed to asbestos. The legislative measures had been prepared in consultation with trade unions and employers through the Economic and Social Council, and the activities reflected the Government's care for every worker affected. All the responsible institutions had been mobilized to give effect to the commitments made to the ILO high-level direct contacts mission, and the Croatian Government was determined to fulfil its obligations under the legislation adopted. To that end, resources had been allocated in the national budget. In conclusion, the Government representative expressed appreciation for the ILO's support and constructive proposals.

The Employer members thanked the Government representative for the detailed information provided, some of which was new. They recalled that Convention No. 162 was a very comprehensive and technical instrument, the main purpose of which was to ensure the safety and health of persons working or who had worked in the production of asbestos products. The Government representative had provided information on various measures adopted prior to the publication of the report of the Committee of Experts. It would have been useful if that information had been available before the present discussion. They recalled that the case had been discussed by the Conference Committee regularly since 2003. Following the last discussion in 2006, the Government had accepted the proposal to invite a high-level direct contacts mission, which had found a great readiness to cooperate. Progress had been achieved, and the direct contacts mission had reported that the sites producing the asbestos products had all been closed or gone bankrupt.

The Employer members recalled that, in particular, two problems remained relating to the application of Articles Nos 19 and 21 of the Convention, namely the removal of asbestos waste without risk to the health of the workers concerned or to the population living in the vicinity of the factory; and the provision of guarantees concerning the income of workers who were no longer able to work because of the health effects of exposure to asbestos, including, of course, workers who were already ill as a result of their exposure to the substance.

The report of the direct contacts mission indicated that several important initial steps had been taken. Several new laws had been drafted, almost all of which had now come into force, covering in particular the compensation of the workers concerned, including the payment of pensions, as well as the regulation of the handling of asbestos waste. The Committee of Experts had noted that the financing of compensation and pensions for workers who had been exposed to asbestos and were suffering from ill health did not yet appear to be ensured. The statement by the Government representative was therefore to be welcomed that both unemployed and retired persons suffering from occupational exposure to asbestos had been included in the occupational diseases scheme. Although the Act, adopted in 2007 for this purpose, appeared to be appropriate, the Employer members called on the Government to provide detailed information on this matter, including data on the compensation already paid, for examination by the Committee of Experts.

The direct contacts mission had also noted that there was still a lack of reliable statistics on the number of workers suffering from asbestos-related diseases. Particularly in view of the fact that many of the workers concerned had been employed in the factories for over 25 years and were now above 50 years of age, it was urgent to give effect to the conclusions of the direct contacts mission. The Employer members therefore urged the Government to give effect to the measures adopted in the very near future and to keep the Office informed of the progress that was being made. They also called on the Office to continue providing support so that the collaboration which had proved to be so effective could be pursued.

The Worker members recalled that the failure to give effect to Convention No. 162 in Croatia had been discussed in 2003 and in 2006. At the Conference in 2006, the Conference Committee had expressed deep concern at the problem, and especially at the situation at the Salonit-Vranjic factory site. In view of the time that had been wasted, and the gravity of the situation, the Committee had proposed a high-level direct contacts mission with a view to verifying the situation in situ and to assess the progress made. Furthermore, it had invited the Government to start consultations with the social partners on the subject and to submit a full report to the Committee of Experts.

Although it was a so-called technical Convention, the failure to give effect to Convention No. 162 had very serious consequences for the workers concerned, their families, as well as the families who lived near such factories. Asbestos was an extremely dangerous product and its harmful effects had been studied and described by various organizations, including the World Health Organization (WHO). The persons affected choked slowly over the years, eventually suffering a horrible, slow and painful death.

The Worker members recalled that the Government of Croatia had accepted the high-level direct contacts mission and welcomed the Government's full cooperation and its close collaboration with the social partners. The mission had been informed of the various administrative and legislative measures that were under preparation, the impressive list of which was contained in the report of the Committee of Experts. Nevertheless, it had expressed the hope that tangible progress would be achieved, especially in settling the financial claims of the workers at the Salonit-Vranjic factory. On several occasions, the mission had called for measures to be taken on an urgent basis and had recommended the acceleration of administrative and legislative procedures, including judicial procedures. Another important element was the wish expressed by the mission that the policy against asbestos should be based on an overall health and safety prevention plan, in accordance with the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).

The Worker members regretted that the Committee of Experts had had to conclude that it was not able to verify whether all the promises had been followed up by concrete measures or whether its previous recommendations had been given effect, and that the Committee of Experts had had to request the Government, in a footnote, to supply full particulars to the Conference. They, however, admitted that, both on the basis of the replies provided by the Government and in the experience of national trade unions, significant progress had been made. They also recognized that political leaders were willing to give priority to the issue, but the fragmented approach adopted so far was not desirable. Workers needed to be full partners in an integrated national action plan.

The integrated approach needed to offer solutions for workers who continued to work and who were not entitled to a pension; needed to ensure the regular medical supervision and the training and relocation of workers; needed to provide for compensation for workers suffering from asbestos-related diseases; and should be based on a system for the surveillance of all workers and citizens exposed to asbestos. Such an integrated approach was necessary, not only due to the ratification of Convention No. 162, but also in view of Croatia's membership in the European Union, which required the adaptation of national law and practice to the acquis communautaire, and particularly the European Directives on the protection of workers against the hazards resulting from exposure to asbestos. It was therefore urgent to take the necessary prevention measures at the Salonit-Vranjic site. Great ecological damage had already been caused by the asbestos waste, stored at the factory site. It was also urgent to remove all asbestos from the site and ensure its remediation so as to avoid any further victims. Moreover, the Worker members regretted that the mission's report and its recommendations were overly focused on this specific site. In their view, it was essential to take into account all exposed sectors and sites.

Although other countries were confronted with similar problems, the magnitude of the problem in Croatia could not be denied. While it was regrettable that years had been wasted on the problem, the Worker members welcomed the fact that, as a result of the constant pressure exercised by the trade unions and the support of the Committee of Experts and the mission, progress was being made, and challenges, although still numerous, were now being given priority.

The Worker member of Croatia recognized that the initial steps taken and the progress achieved demonstrated the Government's willingness to give priority to this urgent matter. However, she emphasized that, contrary to the proposals made by the trade unions and the direct contacts mission, the legislative measures that had been adopted did not constitute a holistic solution to the situation. Several legislative measures had been adopted, instead of a single integrated legal framework, which meant that both the implementation and the situation of the workers concerned would be more complex. She called upon the Government to ensure tripartism and transparency and to give urgent effect to these measures in practice. It also needed to develop solutions for workers who continued to work and were not entitled to pensions; ensure adequate medical examinations within the prescribed time periods; guarantee retraining and relocation in appropriate jobs; and provide compensation for those suffering from asbestos-related diseases. In other words, it needed to adopt an integrated strategy to ensure decent living standards for the workers affected as part of the national action plan for the sectors concerned.

She added that national trade unions found it extremely disturbing that the package of legislative measures adopted did not include provisions on the most important matter, namely the procedure for the management of waste containing asbestos. It was a matter of great concern that 1,700 tonnes of asbestos waste remained in the vicinity of the factory, posing a threat to the workers and the community. The contract for the consolidation programme covering the Salonit-Vranjic factory had been awarded to a company that had not complied with the relevant requirements. The disposal of the waste had been carried out in an irregular manner under very strange circumstances. The operations had been undertaken in the middle of the night by a company with inadequate equipment and no firm proof of a valid licence for working with asbestos. This was in clear violation of the provision in the Convention, which called for the management of waste containing asbestos to be carried out by companies that were duly qualified for that activity.

The violation of Convention No. 162 was a fundamental matter for the workers concerned, their families and the environment, and also amounted to a violation of the right to health for all as set out in the national Constitution. In this matter of life or death, too much time had been wasted, and there was no room for further delay. Rights delayed were rights denied and, in the present case, "rights" literally meant "human lives". She ex- pressed great appreciation for the assistance provided by the ILO and firmly believed that the Government would fulfil its duty to all Croatians by giving full effect to Con- vention No. 162.

The Government representative of Croatia thanked those who had intervened in the discussion and said that she had taken careful note of their comments. She observed that several legislative measures had been adopted, which represented a holistic approach to the issue and were based on the adoption of a unique and integrated legal solution. Information on the measures taken had been posted on the web site of the Ministry of Health and Social Welfare so that all interested parties could have access to the necessary indications. The measures that had been prepared and were now being implemented covered the situation of all persons suffering from asbestos-related diseases, not just those that were work-related. A register of occupational diseases had been kept since 2000, and data was being compiled on the numbers of persons affected by asbestos-related diseases. The social partners had been involved in the formulation of all legal and other measures and programmes adopted through roundtable meetings and other forms of consultation. In conclusion, she re-emphasized the commitment of her Government to take the necessary action to meet its obligations in this matter.

The Employer members thanked the Government for the additional information provided and agreed with the Worker members that there were significant indications of progress in the case. The work of the Office and the missions undertaken had undoubtedly provided the impetus for an improvement in the situation. However, in view of the health situation of the workers concerned, they emphasized the need for rapid action. The situation of these workers was urgent and there was no room for any further delay, especially in terms of measures to provide them with compensation and guarantee their income. The Government representative should provide full information on the implementation in practice of the new laws and other measures adopted. Finally, they called upon the Government to ensure that it complied with all of its obligations in relation to the handling of asbestos and waste containing asbestos with the technical assistance of the Office.

The Worker members again deplored the conclusion of the Committee of Experts that it had been unable to verify whether specific action had been taken by the Government and whether the previous recommendations had been followed. However, on the basis of the Government's reply and the analyses undertaken by the national unions, they noted that considerable progress had been achieved, as indeed might be expected of a State seeking accession to the European Union. Nevertheless, they called on the Government to take all necessary steps, as a matter of urgency, to bring its law and practice into conformity with Convention No. 162, and in particular with the detailed recommendations and conclusions of the direct contacts mission and the observations of the Committee of Experts. In this regard, the Worker members highlighted three major challenges: the underpinning of specific measures through an integrated approach and a proactive national occupational safety and health policy, including measures to combat asbestos in all sectors; the establishment of a monitoring procedure; and, above all, measures to remove asbestos from polluted sites and to treat the waste.

Conclusions

The Committee noted the detailed oral information provided by the Government representative, as well as the discussion that followed.

The Committee recalled the previous discussions and conclusions adopted in the Committee in 2003 and 2006, the comments of the Committee of Experts in 2002-05, the outcome of the High-level Direct Contacts Mission (the Mission) to Croatia in April 2007, and the further comments of the Committee of Experts in 2007.

The Committee noted the information provided by the Government regarding the legislative, institutional, judicial, health and environmental protection measures taken by it to follow up on the conclusions of the Mission and to improve the application of the Convention in the country, including the efforts made to rehabilitate the Salonit Factory and to dispose of the asbestos waste at the factory site and the Mravinacka Kava dump site. The Committee noted, in particular, the information on the adoption of legislative measures on diagnostic procedures, health care, settlement of claims for compensation and qualifying conditions for the acquisition of old-age pension by workers occupationally exposed to asbestos. The Committee also noted the information concerning the strengthening of the National Council for Occupational Safety and Health and the central function it had been attributed, including in the overall review of the occupational safety and health system and the national policy development.

The Committee welcomed this information and, in particular, the concrete signs of progress made through the adoption of legislative texts, and action taken to alleviate the financial situation for at least some of the workers already suffering from asbestos-related diseases. However, it regretted that this information had not been submitted to the Committee of Experts in time for it to evaluate the progress made by the Government. The Committee wished to underscore the seriousness of this case and the utmost importance that it attached to concrete and swift action by the Government to implement fully the Convention. The Committee urged the Government to continue, with alacrity, to review claims of workers occupationally exposed to asbestos, to ensure that judicial decisions would be handed down in a timely manner and that compensation and old-age pensions due be paid without further delay. The Committee also urged the Government to take concrete measures to enable workers rendered redundant and still able to work to be retrained and redeployed in other employment.

As regards the measures taken by the Government for rehabilitation of the Salonit factory site in a manner which did not pose a health risk to the workers concerned, including those handling the asbestos and in accordance with relevant national and European environmental standards, the Committee expected that this would be pursued without delay using the appropriate expertise.

The Committee noted with some concern that the approach taken to the general application of the Convention in the country remained fragmented. The Committee considered that a single consolidated legislative framework and a national comprehensive preventative plan of action in the area of occupational safety and health should be pursued. Such a national plan should be adopted in consultation with the representative organizations of employers and workers and should include provisions for concerted action in relation to asbestos including a detailed system for the monitoring of all workers and persons that had been exposed to asbestos. It should also include an awareness-raising campaign targeting workers in sectors where asbestos products might be encountered, in particular in the construction, ship repair, ship-scrapping and port sectors.

The Committee urged the Government to take all further action as required in order to ensure a complete and timely follow-up to the conclusions of the Mission, the Committee of Experts and this Committee to ensure full application of the Convention in the country. The Committee requested the Government to provide full and comprehensive information in a report to be submitted for examination at the forthcoming session of the Committee of Experts, including all relevant legislative provisions, if possible in one of the working languages of the ILO.