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

Occupational Cancer Convention, 1974 (No. 139) - Slovenia (Ratification: 1992)

The Committee notes the information supplied by the Government in response to its comments. It notes with interest the adoption of the Regulation on protection of workers from risks of exposure to chemical substances at work, 2001, which entered into force on 1 January 2002. The Committee notes in particular article 14 of the above Regulation, requiring the Minister responsible for labour to publish practical guidelines in the Official Gazette of the Republic of Slovenia concerning standardized methods for measurement and assessment of the concentration of hazardous chemical substances in the air at workplaces; determination and assessment of risks, including their review; safety and preventive measures for work with hazardous chemical substances; safe handling of individual groups of hazardous chemical substances; and concerning the substitution of hazardous chemical substances by less or non-hazardous substances. The Committee requests the Government to indicate whether such guidelines have been issued and, if so, to supply a copy of them with its next report. With reference to its previous comments, the Committee would draw the Government’s attention to the following points requiring additional information.

1. Article 1, paragraph 2, of the Convention. Derogations from the interdiction of carcinogenic substances. The Committee notes with interest article 11, paragraph 2, of the Regulation on protection of workers from risks of exposure to chemical substances at work, 2001, providing for criteria to be applied when granting exceptions from the prohibition spelled out in article 11, paragraph 1, concerning the production, processing and use of chemical substances stated in Annex III. The Committee requests the Government to indicate whether these criteria are also applicable with regard to the granting of exceptions from the prohibition of certain carcinogens and/or mutagens set forth under Annex II, item 1, to Rule No. 38/00 of 25 May 2000 on the protection of workers against the risks of exposure to carcinogens and/or mutagens.

2. Article 5. Post-medical examination of workers. The Committee takes note of the adoption of the Rules on preventive health examinations of workers of 17 October 2002. It notes that, under these Rules, the employer is obliged to submit workers to preventive medical examinations who had an extended break in exposure to mutagenic, teratogenic and carcinogenic substances and other harmful influences with cumulative, delayed or long-term effects. The Committee understands that these medical examinations are carried out with a view to re-employ a worker who was exposed to the above substances. Hence, it would appear to the Committee that this type of medical examination would be more related to pre-employment medical examinations. However, no provision seems to exist providing for post-employment medical examinations of workers exposed. The Committee accordingly requests the Government to take the necessary measures to include provisions on post-employment medical examinations of workers into the Rules on preventive health examinations of workers of 17 October 2002, in conformity with Article 5 of the Convention. The Committee further notes article 15 of the Regulation on protection of workers from risks of exposure to chemical substances at work, 2001, requiring the minister responsible for labour to publish practical guidelines in the Official Gazette of the Republic of Slovenia for the implementation of health surveillance and biological monitoring of workers who have been exposed to hazardous chemical substances for which binding limit values have been established in Annex II of this Regulation. The Committee requests the Government to indicate whether such guidelines have been issued, and, if so, to supply a copy of them with its next report.