Occupational Cancer Convention, 1974 (No. 139) - Croatia (Ratification: 1991)

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

Previous comments: direct request and observation

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 the following Conventions together: Conventions Nos 45 (underground work (women), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration), 155 (OSH), 161 (occupational health services) and 162 (asbestos).

The Committee notes the observation of the Independent Trade Unions of Croatia (NHS) on Convention No. 155 received on 31 August 2023.

• General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4 and 7 of the Convention. Review of the national OSH policy. The Committee notes the information provided by the Government in its report that the National Plan for Labour, Labour Protection and Employment (2021–27), has been adopted, as well as a corresponding Action Plan for its implementation between 2021 and 2024. The Government also indicates that the National Council for Work Safety meets periodically to discuss issues relating to improving occupational health and safety, and that information on its sessions is published online. The Committee also notes the observations made by the Independent Trade Unions of Croatia (NHS), which states that the frequency of meetings of the National Council are insufficient given the OSH problems in the country. The NHS also states that there is an imbalance in the composition of the Council, with the Government having three members and the social partners each having two. The union further states that the labour inspectorate should also be granted representation as a member of the body, given its importance in implementing and monitoring OSH regulations. The Committee requests the Government to provide information on the measures taken to ensure the implementation of the National Plan for Labour, Labour Protection and Employment (2021 - 2027) and its corresponding action plan. It requests the Government to pursue its efforts to ensure regular meetings of the National Council for Work Safety, and to continue to provide information on the issues discussed.

Articles 5(d), 19(b), (c), (e) and 20. Rights of safety and health representatives. Communication and cooperation between management and workers and/or their representatives. The Committee notes the information provided by the Government that the Ministry of Labour, Pension System, Family and Social Policy has issued a Guidance on the election of OSH representatives in order to facilitate the process of electing representatives in accordance with the Acts and Regulations. The Committee notes that the NHS states that the election of OSH representatives requires a complicated and lengthy procedure, discouraging workers from participating. The union also indicates that, in order to increase the number of OSH representatives, a trade union should have the right to appoint one in cases where a representative has not been elected (as is currently the case in the public sector). The Committee requests the Government to provide further information on the measures taken to ensure the implementation in practice of the provisions of the OSH Act concerning the election of OSH representatives (sections 70 and 101(7)), and to provide statistical information on the number of undertakings with workers’ safety representatives.

Articles 6 and 15. Functions and responsibilities. Coordination. The Committee notes the Government’s indication that changes have been made to the institutional structure regarding occupational safety and health, with the Croatian Institute for Health Protection and Safety at Work (CIHPSW) being incorporated into the Croatian Institute of Public Health (CIPH) and the responsibilities of the Institute for the Improvement of Safety at Work being taken over by the Ministry of Labour, Pension System, Family and Social Policy. In addition, the Government refers to cooperation between the labour inspectorate and the Ministry of Internal Affairs, Ministry of Finance and other bodies for the exchange of data, drafting of regulations, implementation of policies and campaigns. In this respect, the NHS states that there is currently no institution with sole responsibility for issues related to OSH in a comprehensive manner, while the Ministry of Health, to which the CIPH is linked, is not active on matters of occupational safety. The NHS also indicates that the Ministry of Health has not yet adopted all the ordinances required by section 103 of the OSH Act 2014. The Committee requests the Government to provide additional information on measures taken to ensure the necessary coordination between the CIPH under the Ministry of Health, the Ministry of Labour, Pension System, Family and Social Policy and the labour inspectorate on issues of occupational safety and health, and to provide information regarding the work on OSH carried out by the CIPH.

Articles 9 and 10. Enforcement and guidance to employers and workers. Taking into account that Croatia has ratified Convention No. 81 (labour inspection) and Convention No. 129 (labour inspection in agriculture), the Committee refers to its comments adopted in 2022 regarding the application of these two Conventions, including with regard to: Articles 3(1)(b) and 17(2) of Convention No. 81 and Articles 6(1)(b) and 22(2) of Convention No. 129 (technical information and advice on OSH); and Articles 5(a), 14 and 21(g) of Convention No. 81 and Articles 12, 19 and 27(g) of Convention No. 129 (notification of cases of occupational diseases).

Article 11(c) and (e). Functions to be carried out progressively, including the establishment and application of procedures for the notification of occupational accidents and diseases by employers and the annual publication of information on occupational accidents and diseases. The Committee notes the information provided by the Government that, following the incorporation of the CIHPSW into the CIPH, the CIPH became the body responsible for data on work-related injuries based on reports submitted by the Croatian Health Insurance Fund (CHIF), and that information on rates of occupational diseases is available on the CIPH website. The Committee requests the Government for information regarding whether there is any cooperation between the Ministry of Labour, Pension System, Family and Social Policy and other bodies such as the CIPH for the production of annual statistics on occupational diseases.

Article 11(d). Holding of inquiries. The Committee notes the information provided by the Government in response to its previous request on the holding of inquiries that it is within the scope of the functions assigned to labour inspectors to conduct supervisory inspection when there is an event that causes the death of a person on the employer’s premises or when it causes an injury to a worker or person in the workplace for whom emergency medical assistance has been provided. This supervision must take place immediately after inspectors receive notification of the event’s occurrence from the employer, worker, policy or doctor responsible for first aid care. The Committee takes note of this information, which responds to its previous request.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee once again notes that section 5 and Annex I of the Ordinance on Machinery Safety (No. 28/11) establishes the obligation for machinery manufacturers and their authorised representatives to comply with health and safety requirements, but does not extend it to persons who design, import, provide or transfer machinery, equipment or substances for occupational use. Therefore, the Committee requests once again the Government to provide information regarding the measures taken to prescribe the obligations of persons who design, import, provide or transfer machinery, as well as those who design, manufacture, import, provide or transfer equipment or substances for occupational use, in accordance with Article 12(a), (b) and (c) of the Convention.

Article 14. Measures for the inclusion of questions of occupational safety and health at all levels of education and training. The Committee notes the Government’s indication that an e-learning system has been implemented in the field of occupational safety through a European Social Fund project. The Committee also notes the observations made by the NHS that occupational health and safety issues have not yet been integrated into the education system at all levels. The Committee once again requests the Government to provide information regarding the measures taken or envisaged to promote the inclusion of questions of OSH and the working environment at all levels of education and training, including higher technical, medical and professional education, in a manner which meets the training needs of all workers.

Occupational Health Services Convention, 1985 (No. 161)

Articles 1, 2 and 3 of the Convention. National policy and plans to progressively develop occupational health services. The Committee notes the Government’s indication that the National Plan for Labour, Labour Protection and Employment (2021–27), states that occupational medicine specialists should be more present at workplaces, and that there is an insufficient number of these specialists. With reference to its comment above on Articles 4 and 7 of Convention No. 155, the Committee requests that the Government provide detailed information on the implementation of the National Plan for Labour, Labour Protection and Employment in relation to strengthening of occupational health services and increasing the number of occupational medicine specialists.

Article 8. Cooperation between employers, workers and their representatives with respect to occupational health services. Application in practice. The Committee notes the information provided by the Government that cooperation in the field of occupational health services between employers, workers and their representatives is carried out through OSH committees. It also notes the Government’s indication that, although these committees must include a doctor specialising in occupational medicine, there is an insufficient number of such specialists. The Committee requests the Government to provide further information regarding the measures taken or envisaged to guarantee the participation in practice of occupational medicine specialists in OSH committees.

Article 9(1). Multidisciplinary nature of occupational health services and composition of personnel. The Committee notes the information provided by the Government that, according to the Ordinance on Norms and Standards for the Performance of Health Activities (No. 52/2020), a medical team to conduct occupational health services must be composed of a doctor specialist in occupational medicine and a registered nurse. It also notes that for some groups of workers, according to the nature of the occupation and the work to be performed, there is specific legislation determining the inclusion of other medical specialities in mandatory health surveillance (such as for police officers, certain officials of the Ministry of the Interior and persons working in private protection). The Committee notes this information, which responds to the request made in the last comment.

Article 11. Qualifications of the personnel providing occupational health services. The Committee notes the information provided by the Government that the Ordinance on Norms and Standards for the Performance of Health Activities (No. 52/2020) establishes that the doctors who make up the medical team conducting occupational health services must be specialised in occupational medicine. In relation to section 82(7) of the OSH Act 2014, the Government refers to the implementation of the Ordinance on Authorisations for Occupational Safety and Health Affairs (No. 58/2022), which, in sections 14 and 15, establishes conditions for granting authorisation to employers and natural or legal persons to carry out occupational safety work. The Committee notes the information provided, which responds to the previous request for information.

Article 12. Surveillance of workers’ health during working hours. The Committee notes the Government’s reference to the provisions in the OSH Act stating that workers shall not incur costs relating to occupational safety and health and the Government’s statement that this includes requesting activities outside of working hours. The Committee requests the Government to confirm that, as far as possible, the surveillance of workers’ health in relation to work takes place during working hours, in accordance with Article 12 of the Convention.

Article 15. Occurrences of illness among workers and absence from work for health reasons. The Committee notes the information provided in the Government’s report that occupational health services are not currently informed on individual cases of ill health among workers and absence from work for health reasons, but that population-based data on accidents at work and occupational diseases is collected, analysed and published in the annual report of the CIPH. The Government also provides information regarding measures to ensure data collection and data sharing between the CHIF, CIPH and the labour inspectorate, and with the Statistical Office of the European Union in accordance with the Methodology of European Statistics on Accidents at Work (EUROSTAT). The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 15 of the Convention and guarantee that occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons.

Application of the Convention in practice. The Committee notes the information provided by the Government on the number of full-time medical teams and part-time medical teams that have submitted occupational medicine reports to the Occupational Medical Service, the number of doctors specialising in occupational medicine employed by the Occupational Medical Service, the total number of examinations carried out and the number of people insured. The Committee notes that there has been a drop in the number of occupational medicine specialists employed by the Occupational Medical Service, from 158 in 2016 to 145 in 2022, while the number of doctors with other specialities has risen from 4 in 2016 to 27 in 2022. The Committee again requests the Government to provide information on the number of workplaces covered by occupational medicine specialists, and whether any measures are in place to ensure communication between occupational health services and general practitioners where necessary. Noting the Government’s indication that an insufficient number of occupational medicine specialists is a challenge, the Committee also requests the Government to report on measures planned to address this.

• Protection from specific risks

Occupational Cancer Convention, 1974 (No. 139)

Article 1(3) of the Convention. Periodic determination of carcinogenic substances and agents. The Committee notes with interest the information provided by the Government that the Ordinance on the Protection of Workers from Exposure to Hazardous Chemicals at Work, Exposure Limit Values and Biological Limit Values (No. 91/18 and 1/21) has adopted all the amendments made by the EU Directives regarding carcinogenic and mutagenic substances. The Committee also notes the information that the Ordinance on Testing the Working Environment (No. 16/16 and 120/22) determines the need for periodic measurement of hazardous substances in the workplace. The Committee notes this information, which responds to its previous request.

Application of the Convention in practice. The Committee notes the Government’s indication, in reply to its previous request, regarding the number of labour inspections carried out in the field of occupational health and safety. It notes the information provided concerning the number of administrative measures adopted in cases where violations related to the undertaking of risk assessments for physical, chemical and biological hazards, as well as the use of hazardous chemicals (sections 45 to 49 of the OSH Act), have been identified. The Committee notes the information provided, which responds to the previous request for information.

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

Article 4(2) of the Convention. Technical standards and codes of practice. The Committee notes the information provided by the Government that the Code of Conduct (provided for in section 13 of the Ordinance on the Protection of Workers from Exposure to Noise at Work (No. 46/08)) will be addressed in a new ordinance that is in the process of being drafted. The Committee requests that the Government continue to provide information on the drafting of the Code of Conduct provided for in section 13 of the Ordinance on the Protection of Workers from Exposure to Noise at Work (No. 46/08).

Article 8(3). Criteria for determining the hazards of exposure to air pollution, noise and vibration and exposure limits. The Committee notes the information provided by the Government that section 4(4) of Ordinance on the Protection of Workers from Exposure to Hazardous Chemicals at Work, Exposure Limit Values and Biological Limit Values (No. 91/18 and 1/21) establishes that the testing of the concentration of hazardous substances in the workplace must be based on a detailed knowledge of the technological process or work procedure, in order to determine the possibilities of occurrence of certain hazardous substances in the worker’s breathing zone, while section 4(8) establishes the calculation formula for cases of simultaneous exposure to several substances. The Committee also notes that, pursuant to section 5(6), in jobs where workers are simultaneously exposed to the influence of several hazardous chemicals, the risk must be assessed on the basis of the source of danger and harmfulness representing a combination of all the harmful chemicals present. The Committee notes the information provided, which responds to the previous request for information.

Article 9(a). Working environment to be kept free from any hazard due to air pollution, noise or vibration throughtechnical measures applied to new plant or processes in design or installation. The Committee notes the Government’s indication that the Ordinance on Occupational Safety for Workplaces (No. 105/20) establishes, in section 7, that the occupational health and safety provisions of the Ordinance and the other special regulations on the subject must be applied during construction by all involved, including investors, designers, contractors, supervising engineers and auditors. The Committee also notes that section 8 establishes that the construction work of workplaces must comply with OSH requirements, including noise protection, ensuring microclimate conditions and protection against harmful atmospheric and climatic influences. With regard to noise, the Committee notes that the Ordinance on the Protection of Workers from Exposure to Noise at Work (No. 48/08) states that the risks arising from exposure to noise must be eliminated at their source or reduced to a minimum by taking into account the design and planning of workplaces and worksites (section 7(1)(c)). With regard to vibration, it notes that Ordinance on the Protection of Workers from Risks Due to Exposure to Vibrations at Work (No. 155/08) establishes that the development and implementation of a programme of technical or organizational measures to reduce exposure to mechanical vibration and associated risks to the lowest possible level must take into account the planning and layout of workplaces and work processes. The Committee notes this information, which responds to the request made in the previous comment.

Article 11(3) and (4). Provision of alternative employment, the right to maintain income, social security benefits or social insurance.The Committee requests further information regarding whether measures are taken or envisaged to ensure that the worker concerned is able to maintain his income through other measures if suitable alternative work is not found, in accordance with Article 11(3) of the Convention. The Committee further requests the Government to provide information on measures taken or envisaged to ensure that the rights of workers under social security or social insurance legislation are not adversely affected, in accordance with Article 11(4) of the Convention.

Article 12. Notification to the competent authority. The Committee notes that there is no provision in the legislation for notifying the competent authorities in cases of use of processes, substances, machinery and equipment that involve exposing workers to occupational risks due to noise and vibration. The Committee requests the Government to provide information on any measures envisaged for notification to the competent authorities when processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment due to noise and vibration, are used.

Asbestos Convention, 1986 (No. 162)

Articles 3(2) and 15 of the Convention. Periodic review in light of technical progress and advances in scientific knowledge, including review of limits for the exposure of workers to asbestos. The Committee notes the Government’s indication concerning exposure limits that it is awaiting the definition of new exposure limits by the European Commission (which is currently debating a proposal for a directive to amend Directive 2009/148/EC) in order to harmonize its legislation with the new guidelines. The Committee requests the Government to continue to provide information on the periodic review and update of exposure limits or other exposure criteria for asbestos.

Articles 5(2),10(b) and 17(1). Prohibition of the use of asbestos, appropriate penalties and demolition and removal work. The Committee notes the Government’s indication, in response to the Committee’s previous request relating to the implementation of the ban of 2006 on the production, trade and usage of asbestos and asbestos containing materials that the Ordinance on the Protection of Workers from Exposure to Hazardous Chemicals at Work, Exposure Limit Values and Biological Limit Values (No. 91/18 and 1/21) also applies the provisions of this Convention. The Committee further notes the Government’s indication that this Ordinance applies to the protection of workers from the risk of exposure to asbestos only where it prescribes a higher level of safety and health at work than that provided for in Directive 2009/148/EC of the European Parliament and of the Council of 20 November 2009, and also sets the exposure limit for asbestos according to the one defined by Article 8 of the same Directive. The Committee further notes the Government’s statement that workers are exposed to asbestos in Croatia only in the process of demolition work or removal of asbestos. The Committee once again requests the Government to provide further information regarding the measures taken to give effect to Article 17(1) of the Convention, including the adoption of regulations foreseen in section 16 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) on the conditions for demolition work.

Article 20(4). Right of workers or their representatives to request monitoring and appeal to the competent authorities. The Committee notes an absence of information on measures adopted to ensure, in law or in practice, that workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. The Committee once again requests the Government to provide information regarding the manner in which effect has been given to Article 20(4) of the Convention.

Article 21(4). Means of maintaining workers’ income. Following its previous comments, the Committee notes the Government’s indication that in case of occupational diseases and sick leave for occupational diseases, all medical costs and sick leave are compensated through the CHIF pursuant to the Ordinance on rights, conditions and manner of exercising the rights from the compulsory health insurance in the event of injury at work and occupational disease. The Committee requests the Government to provide further information on the implementation of Article 21(4) of the Convention, including statistical information on the compensation provided by the CHIF in cases where continued assignment to work involving exposure to asbestos is found to be medically inadvisable.

Article 21(5). System of notification of occupational diseases caused by asbestos. The Committee notes the information provided by the Government that the CIPH is notified of all asbestos-related occupational diseases in the country, and it notes the statistics provided on cases notified. The Committee also notes that the Ordinance on the Protection of Workers from Exposure to Hazardous Chemicals at Work, Exposure Limit Values and Biological Limit Values (No. 91/18 and 1/21) establishes in section 16(7)(c) the obligation to notify the body responsible for labour inspection or the institute responsible for health protection at work. The Committee takes note of this information, which responds to its previous request.

Article 22(2) and (3). Written policies and procedures for the education and periodic training of workers on hazards due to asbestos. Information about health hazards related to the work, instructions in preventive measures and correct work practices and continuing training in these fields. The Committee notes the Government’s information, in response to the previous comment, that the CIPH does not keep records of workers who have undergone training regarding the risks associated with asbestos. Taking note of the provisions on training in the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07), the Committee requests the Government to provide information on the manner in which it ensures the education and periodic training of workers on asbestos hazards and methods of prevention and control, in accordance with Articles 22(2) and (3) of the Convention.

• Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176.

The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area. The Committee takes this opportunity to recall that in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the Fundamental Principles and Rights at Work, thus amending the 1998 Declaration on Principles and Fundamental Rights at Work. The Committee draws the Government’s attention to the possibility of requesting technical assistance from the Office for the purpose of bringing both the practice and the applicable legislation into conformity with the fundamental Conventions relating to OSH and to provide support for any consideration for ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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 the following Conventions together: Conventions Nos 45 (underground work (women)), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 155 (OSH), 161 (occupational health services) and 162 (asbestos). The Committee recalls that in its previous comments, it had noted the adoption by the Government of a list of legislation related to labour inspection and OSH, and had requested the Government to provide detailed reports on the application of these Conventions.

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS) on Conventions Nos 155, 161 and 162, received in 2016.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4 and 7 of the Convention. Review of the national OSH policy. The Committee previously noted the adoption of the Occupational Safety and Health Act (Nos 71/14, 118/14, 154/14) (OSH Act 2014). It notes that, pursuant to section 6(1) of the OSH Act 2014, the Government systematically monitors the state of OSH in the country and, in consultation with representatives of employers and workers, identifies, proposes, implements and systematically reviews the OSH policy, and proposes amendments to legislation in order to improve safety and protect the health of employees. Section 7(1) of the OSH Act 2014 further sets out that the tripartite National Council for Work Safety monitors, analyses and evaluates the national OSH policy and system, informs the Government of its findings, and proposes necessary changes. The Committee notes, however, that the UATUC and NHS allege that the national OSH policy lacks coherence, and that revisions to the policy occur only when obligations under European Union (EU) legislation make it necessary to do so. The UATUC and NHS also indicate that there has been no new national programmes on OSH after the National Programme of Occupational Safety and Health for the period 2009–13. The Committee notes that, in its report on the application of Convention No. 161, the Government refers to section 6 of the OSH Act 2014, pursuant to which the Ministry of Labour and Pension System shall, in cooperation with the tripartite National Council for Work Safety, propose for adoption a national programme on OSH for a period of five years, with clearly defined activities.The Committee requests the Government to provide information on the manner in which it ensures the coherence of the national OSH policy and on its periodic review, including the frequency of the meetings of the National Council for Work Safety, the scope of its reviews and the issues discussed, as well as any resulting proposals made.

Articles 5(d), 19(b), (c), (e) and 20. Rights of safety and health representatives. Communication and cooperation at the level of the working group and the undertaking, between management and workers and/or their representatives. The Committee notes that the OSH Act 2014 provides for the election of workers’ safety representatives in sections 70 and 101(7), and in section 34, the establishment of an OSH committee in undertakings with 50 or more employees, consisting of the employer or his authorized officer, the OSH specialist, the occupational medicine specialist, and the workers’ safety representative or their coordinator. The Committee further notes that employers’ obligations under the OSH Act 2014 include: informing employees and the workers’ safety representative of all the risks and changes which might affect the health and safety of employees (section 32(1)); making available the appropriate documentation to the workers’ safety representative (section 32(5)); and consulting in advance and in a timely manner with the workers’ safety representative (sections 31 and 33). It further notes that, pursuant to section 71(2) of the OSH Act 2014, the workers’ safety representative’s rights include being present at inspection visits, raising objections to inspection findings if appropriate and involving a competent inspector, should a representative find that the health and safety of employees has been endangered and the employer fails or refuses to implement OSH measures. In this respect, the UATUC and the NHS observed that, in practice, there is a problem with workers’ representatives not being present at inspection visits, and noted that they are only invited to sign the inspection report, but not to be present during the determination of all the relevant facts during the inspection, so that they are, in effect, not entitled to submit objections to inspection reports. The UATUC and the NHS further noted that in small undertakings, there are minimal possibilities for workers’ representatives to be elected, and that at some workplaces, workers’ representatives do not have influence on employers’ decisions, and are not consulted as required by the OSH Act 2014.The Committee requests the Government to provide further information on the measures taken or envisaged to ensure the implementation in practice of sections 70 and 101(7) of the OSH Act 2014 concerning the election of safety representatives and to provide information on the application of Article 19(b), (c) and (e) of the Convention in practice, including statistics on the number of undertakings with workers’ safety representatives.

Articles 6 and 15. Functions and responsibilities. Coordination. The Committee notes the information in the Government’s report regarding the OSH functions and responsibilities of various institutions and stakeholders. It notes in this respect that section 1 of the OSH Act 2014 establishes the Institute for Occupational Safety Improvement, which systematically monitors the situation on occupational safety in Croatia, improves it through professional and administrative support, carries out research, provides advice, and undertakes preventive measures in the field of OSH. The Government further indicates in its report on the application of Convention No. 161 that the Institute for Occupational Safety Improvement is working on a data collector which will be the central information system in the field of OSH. The Committee notes the Government’s indication that the Croatian Institute for Health Protection and Safety at Work (CIHPSW), an independent health institution at national level, analyses occupational injuries, provides guidelines for employers, and actively trains in the domain of occupational health protection. It notes the observations of the UATUC and the NHS that there are some overlaps between the activities of the Institute for Occupational Safety Improvement and those of the CIHPSW, and that there is a lack of coordination between the policies and activities of these two bodies and the Ministry of Labour and Pension System. In addition, in its report on the application of Convention No. 161, the Government also refers to the existence of a working group on OSH, involving the Ministry of Health, the Ministry of Labour and Pension System, the labour inspectorate, the CIHPSW, the Croatian Institute for Health Insurance, the Institute for Occupational Safety Improvement and other entities, the coordinated activities of which have resulted in the application and development of preventive measures in the protection of OSH, the strengthening of professional platforms in the provision of information pertaining to OSH, and improved cooperation and communication with target groups.The Committee requests the Government to provide information on any measures taken or envisaged to ensure the necessary coordination between the Ministry of Labour and Pension System, the Institute for Occupational Safety Improvement, the CIHPSW, and the labour inspectorate. The Committee also requests the Government to provide information regarding the work of the working group on OSH involving the Ministry of Health, the Ministry of Labour and Pension System, the labour inspectorate, the CIHPSW, the Croatian Institute for Health Insurance, the Institute for Occupational Safety Improvement and other entities, including detailed information on the frequency, outcomes, and impact of its meetings. In addition, the Committee once again requests information regarding the manner in which cooperation between the labour inspectorate and inspection services in other areas is carried out.

Articles 9 and 10. Guidance to employers and workers. Taking into account that Croatia has ratified Convention No. 81 (labour inspection) and Convention No. 129 (labour inspection in agriculture), the Committee refers to its comments adopted in 2018 regarding the application of these two Conventions, including with regard to: Articles 3(1)(b) and 17(2) of Convention No. 81 and Articles 6(1)(b) and 22(2) of Convention No. 129 (technical information and advice on OSH); Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129 (additional functions of labour inspectors); Articles 3(2), 10 and 16 of Convention No. 81 and Articles 6(3), 14 and 21 of Convention No. 129 (number of labour inspectors); Articles 5(a), 14 and 21(g) of Convention No. 81 and Articles 12, 19 and 27(g) of Convention No. 129 (notification of cases of occupational diseases); Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22(1) and 24 of Convention No. 129 (penalties); and Articles 5(a), 20 and 21 of Convention No. 81 and Articles 12, 26 and 27 of Convention No. 129 (annual report of the labour inspectorate).

Article 11(c) and (e). Functions to be carried out progressively, including the establishment and application of procedures for the notification of occupational accidents and diseases by employers and the annual publication of information on occupational accidents and diseases. The Committee notes that section 65 of the OSH Act 2014 sets out the duty for employers to notify cases of serious or fatal injuries to the body competent for inspections, immediately after the injury has occurred. With regard to the annual production of statistics and annual publication of information, the Committee notes the Government’s indication in its report on the application of Convention No. 81 that the Croatian Health Insurance Fund provides the labour inspectorate with monthly updated data on all occupational accidents which have occurred in the country and on the recognized occupational diseases. The Committee further notes that, pursuant to section 83 of the OSH Act 2014, the Institute for Occupational Safety Improvement conducts statistical surveys on OSH as part of its mandate. The annual report of the labour inspectorate also provides information regarding its work in the field of occupational safety.The Committee requests the Government to provide further information regarding the statistical surveys conducted by the Institute for Occupational Safety Improvement, including their frequency, their scope, and whether there is any cooperation between the Institute for Occupational Safety Improvement and other bodies such as the Croatian Health Insurance Fund, when it comes to the production of annual statistics on occupational accidents and diseases.

Article 11(d). Holding of inquiries. The Committee notes that, pursuant to section 32(9) of the OSH Act 2014, in the event of fatal or severe injury, the employer is obliged to call the workers’ safety representative to carry out an investigation at the workplace.The Committee requests the Government to provide further information regarding the procedures in place for the holding of inquiries, where cases of occupational accidents, occupational diseases or any other injuries to health which arise in the course of or in connection with work appear to reflect situations which are serious.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that the information provided by the Government on the application of this provision relates to the duties of employers. With regard to machinery, it notes that section 5 and Annex I of the Ordinance on Machinery Safety (No. 28/11) sets out health and safety requirements to be complied with by manufacturers and their authorized representatives.The Committee requests the Government to provide further information regarding the measures taken or envisaged to prescribe the obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, in accordance with Article 12(a), (b) and (c) of the Convention.

Article 14. Measures for the inclusion of questions of occupational safety and health at all levels of education and training. The Committee notes the information provided by the Government regarding the Ordinance on Training in Occupational Health and Safety and on Competence Examinations (No. 112/14), which includes provisions for the methods and conditions of professional examinations for OSH coordinators, and of continuing professional training. The Committee also notes that section 29 of the OSH Act 2014 requires employers and their authorized officers to be educated and professionally trained in the field of OSH, in accordance with the risk assessment of the enterprise.The Committee requests the Government to provide further information regarding the measures taken or envisaged to promote the inclusion of questions of OSH and the working environment at all levels of education and training, including higher technical, medical and professional education, in a manner which meets the training needs of all workers. In this respect, it also requests the Government to provide further information regarding the implementation of the Ordinance on Training in Occupational Safety and Health and on Competence Examinations (No. 112/14) and its impact on OSH in undertakings.

Occupational Health Services Convention, 1985 (No. 161)

Articles 1, 2 and 3 of the Convention. National policy and plans to progressively develop occupational health services. The Committee previously noted that the National Programme of Occupational Safety and Health for the period 2009–13 included specific policies concerning occupational health services, such as strategic goals to improve the efficiency of and access to occupational health services and to monitor the health of workers. In this respect, the Committee notes the observations of the UATUC and the NHS alleging that, as of 2016, the Government had not adopted a new national programme following the National Programme of Occupational Safety and Health for the period 2009–13, and that the Programme had not been periodically reviewed or evaluated.With reference to its comment above on Articles 4 and 7 of Convention No. 155, the Committee requests the Government to provide detailed information regarding any new national programme that has been proposed pursuant to section 6 of the OSH Act 2014, including its goals in relation to occupational health services, the manner in which the most representative organisations of employers and workers are consulted, the impact of its implementation for the progressive development of occupational health services for all workers, and the manner in which the programme is periodically reviewed.

Article 8. Cooperation between employers, workers and their representatives with respect to occupational health services. Application in practice. The Committee notes that the requirement in section 34(1) and (3) of the OSH Act 2014 setting up an OSH committee in undertakings with 50 or more employees involves the participation of the occupational medicine specialist appointed in accordance with a special regulation. Section 34 of the OSH Act 2014 further stipulates that the employer employing fewer than 50 employees shall be obliged to set up an OSH committee if prescribed to do so by a special law or regulation. The Committee notes the indication by the UATUC and the NHS that there is no data regarding the participation of occupational medicine specialists in OSH committees, or their influence in such committees, and that there is an insufficient number and unequal territorial distribution of occupational medicine specialists in the country. The Government also states that, in practice, employers rarely consult occupational medicine specialists when carrying out risk assessments.The Committee requests the Government to provide further information regarding the manner in which the employer, workers and their representatives, where they exist, cooperate and participate in the implementation of the organisational and other measures relating to occupational health services on an equitable basis, including information on the participation in practice of occupational medicines specialists in OSH committees.

Article 9(1) and (3). Multidisciplinary nature of occupational health services and composition of personnel. Cooperation between occupational health services and other bodies concerned with the provision of health services. The Committee requests the Government to provide information regarding the measures taken or envisaged to ensure that occupational health services are multidisciplinary and on the criteria according to which their composition is determined, in accordance with Article 9(1) of the Convention. The Committee also requests the Government to indicate the measures taken or envisaged to ensure adequate cooperation and coordination between occupational health services and other bodies concerned with the provision of health services, in accordance with Article 9(3) of the Convention.

Article 11. Qualifications of the personnel providing occupational health services. The Committee notes that the Government refers to section 27 of the Health Care Act, which includes the qualifications of healthcare professionals at the primary level, described under section 26 of the Health Care Act as including different types of healthcare and occupational medicine. In addition, the Committee notes that, under section 82(3) and (7) of the OSH Act 2014, a person may be authorized to provide training in safe working practices, in accordance with conditions to be stipulated in Ordinances to be adopted by the Minister.The Committee requests the Government to provide further information regarding the qualifications required for the personnel providing occupational health services. The Committee further requests the Government to provide information on any Ordinances that have been adopted pursuant to section 82(7) of the OSH Act 2014.

Article 12. Surveillance of workers’ health during working hours. The Committee notes that section 64(2) of the OSH Act 2014 stipulates that the employee shall not bear the costs of previous and periodic examinations, or of obtaining a certificate stating that they meet the special requirements for employment, in accordance with the relevant OSH rules and regulations. In this respect, the Committee notes the Government’s indication that, as per section 21 of the Health Care Act, workers are entitled to specific medical healthcare (occupational medical services) under the Mandatory Health Insurance Act (Nos 80/13, 137/13), which is mandatory for all persons employed in the private or public sectors. The Government also indicates that the cost of medical examinations are borne by the Croatian Institute for Health Insurance.The Committee requests the Government to provide information regarding the measures taken or envisaged to ensure that surveillance of workers’ health in relation to work shall take place as far as possible during working hours, in accordance with Article 12 of the Convention.

Article 15. Occurrences of illness among workers and absence from work for health reasons. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 15 of the Convention.

Application of the Convention in practice. The Committee notes the observations of the UATUC and the NHS that there is a lack of occupational medicine specialists in the country, and a missing link between general practitioners and occupational medicine specialists, as general practitioners and other specialized doctors do not recognize that changes in the workers’ health are a consequence of working conditions.The Committee requests the Government to provide further information regarding the application of the Convention in practice, including information on the number of workers covered by the legislation, the number of occupational medicine specialists hired and the number of workplaces that they cover, and whether any measures are in place to ensure communication between occupational health services and general practitioners where necessary.

B. Protection from specific risks

Occupational Cancer Convention, 1974 (No. 139)

Article 1(3) of the Convention. Periodic determination of carcinogenic substances and agents. The Committee notes the Government’s indication that, since its accession to the European Union, the Government adheres to EU regulations concerning hazardous chemicals and carcinogenic, mutagenic or reprotoxic products and substances. The Committee also notes with interest the adoption of a number of pieces of legislation since the Government’s last report, including the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15), which defines carcinogens and mutagens in accordance with the EU Regulation on Classification, Labelling and Packaging (No. 1272/2008) and lays down minimum requirements for protection against carcinogens and/or mutagens.The Committee requests the Government to continue to provide information on developments related to its periodic determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control.

Article 2. Replacement of carcinogenic substances and agents. The Committee notes the information provided by the Government in reply to its previous request regarding information on measures taken to ensure the full application of Article 2of the Convention. In particular, the Committee notes that, pursuant to section 46(1) of the OSH Act 2014, the employer is required to continuously improve OSH by applying less hazardous and harmful technologies, work procedures and work substances. The Committee further notes the Government’s indication that, pursuant to section 5 of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15), the employer shall replace carcinogens and/or mutagens at the workplace with harmless or less harmful substances, compounds or procedures, which, depending on the situation and usage conditions, are not harmful or are less harmful for the workers’ health and safety. In addition, section 6 of the Ordinance provides that employers are required to keep the number of exposed workers to the minimum possible.

Application of the Convention in practice. The Committee notes the information provided by the Government regarding the register of incidences of occupational diseases and the CIHPSW’s form for employers to complete on workers who work with carcinogens and mutagens, including the indication that, by the end of 2015, the CIHPSW had received information from 18 employers covering a total of 168 workers exposed to carcinogens and mutagens, with 159 workers having gone through medical examinations prior to work with carcinogens and mutagens, and 164 having gone through periodical medical examinations during the work period.The Committee requests the Government to continue to provide details on its appreciation of the manner in which the Convention is applied in the country, including information regarding inspections carried out and the number and nature of the contraventions reported.

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

Article 4(2) of the Convention. Technical standards and codes of practice. The Committee requests the Government to indicate whether it has developed or intends to develop any technical standards or codes of practice relating to air pollution, noise or vibration, including the Code of Conduct envisaged under section 13 of the Ordinance on the Protection of Workers from Exposure to Noise at Work (No. 46/08).

Article 8(3). Criteria for determining the hazards of exposure to air pollution, noise and vibration and exposure limits. The Committee notes that section 7(1) of the Ordinance on the Protection of Workers from Exposure to Noise at Work (No. 46/08) and section 6(1) of the Ordinance on Protecting Workers from Risks Arising from Exposure to Vibration at Work (No. 155/08) specify that technical progress should be taken into account when reducing risks from noise and vibrations to a minimum.The Committee requests the Government to continue to provide information regarding the manner in which it is ensured that criteria and exposure limits are revised regularly in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace, in accordance with Article 8(3) of the Convention.

Article 9. Working environment to be kept free from any hazard due to air pollution, noise or vibration. The Committee notes that, under section 46(1) of the OSH Act 2014, the employer is obliged to continuously improve OSH by applying less hazardous and harmful technologies, work procedures and substances. The Committee also notes the Government’s reference to a number of provisions in national legislation providing for the requirement to eliminate or reduce the risks linked with exposure to noise, vibration, hazardous chemicals, carcinogens or mutagens and asbestos in workplaces, namely: section 47 of the OSH Act 2014; section 7 of the Ordinance on Protection of Workers from Exposure to Noise at Work (No. 46/08); section 6 of the Ordinance on Protecting Workers from Risks Arising from Exposure to Vibration at Work (No. 155/08); section 7 of the Ordinance on the Protection of Workers against the Risk of Exposure to Hazardous Chemicals at Work (No. 91/15); section 7 of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15); and section 7 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07).The Committee requests the Government to provide information on steps taken with respect to technical measures applied to new plant or processes in design or installation, with a view to ensuring that, as far as possible, the working environment is kept free from any hazard due to air pollution, noise or vibration, in accordance with Article 9(a) of the Convention.

Article 11(1). Provision of periodical surveillance of the health of workers exposed or liable to be exposed to occupational hazards due to noise and vibration. The Committee notes the Government’s reference, in response to its previous request concerning the application of Article 11(1),to section 36 of the OSH Act 2014, which sets out requirements for medical check-ups both prior to and during employment involving the performance of work with special working conditions. The Government also refers to section 3(18) of the Ordinance on Special Conditions of Employment (No. 5/84), which includes workers exposed to physical or chemical hazards, noise and vibration in the categories of jobs with special working conditions. The Committee notes that, pursuant to section 103(5) and (6) of the OSH Act 2014, the regulations concerning work with special conditions and requirements to be met by workers performing such work, referred to in section 36(6) of the OSH Act 2014, should have been adopted within 90 days of the entry into force of the OSH Act 2014, and that the Ordinance on Special Conditions of Employment (No. 5/84) shall only be valid until such adoption. The Committee observes that the noise exposure level contemplated by the Ordinance on Special Conditions of Employment (No. 5/84) is higher than the permissible noise levels contemplated in the Annex of the Ordinance on Protection of Workers from Exposure to Noise at Work (No. 46/08).The Committee requests the Government to indicate whether it has taken measures to adopt the regulations envisaged under section 36(6) of the OSH Act 2014.

Article 11(3) and (4). Provision of alternative employment, the right to maintain income, social security benefits or social insurance. The Committee notes the Government’s indication that, pursuant to section 40 of the OSH Act 2014, the employer is obliged to carry out special protection measures to prevent further damage to health and impairment of remaining work ability, for workers who have been diagnosed with an occupational disease, and for whom the competent expert body has determined, inter alia, a partial loss of work capacity. Section 40(3) of the OSH Act 2014 requires employers to adapt working conditions and organization of working hours, to remove the risks to safety and health, and to ensure the possibility of other appropriate work or work at a different site if adjustments are not technically feasible or justifiable. The Committee once again recalls that the Convention provides that a transfer to alternative employment is required when continued assignment is considered medically inadvisable, which in certain cases may be before any damage has occurred.The Committee asks the Government to indicate if the special protection measures referred to in section 40 of the OSH Act 2014 also cover the situation in which exposure to air pollution, noise or vibration is found to be medically inadvisable, even in cases where there is no occupational disease. The Committee also requests further information regarding whether measures are taken or envisaged to ensure that the worker concerned is able to maintain his income through other measures if suitable alternative work is not found, in accordance with Article 11(3) of the Convention. The Committee further requests the Government to provide information on measures taken or envisaged to ensure that the rights of workers under social security or social insurance legislation are not adversely affected, in accordance with Article 11(4) of the Convention.

Article 12. Notification to the competent authority. The Committee notes the various requirements to provide advance notification for work involving: the production and use of carcinogenic and/or mutagenic substances (section 9(1) of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15)); asbestos (section 5(1) of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07)); and biological agents (section 13 of the Ordinance on the Protection of Workers against the Risk of Exposure to Biological Agents at Work (No. 155/08)).The Committee requests the Government to provide information regarding the measures taken or envisaged to give full effect to this provision of the Convention in respect of noise and vibration.

Asbestos Convention, 1986 (No. 162)

Articles 3(2) and 15 of the Convention. Periodic review in light of technical progress and advances in scientific knowledge, including review of limits for the exposure of workers to asbestos. The Committee notes that the Government refers in its report to a number of pieces of legislation applying the provisions of this Convention, including the List of Poisons whose Production, Transport and Use is Prohibited (No. 29/05); the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07); the Ordinance on the Method and Procedures for Asbestos Waste Management (No. 42/07); the Act on Mandatory Health Monitoring of Workers Occupationally Exposed to Asbestos (No. 79/07); the Act to Amend and Supplement the Act on the List of Occupational Diseases (No. 107/07); the Ordinance on Conditions and Methods of Health Surveillance and Diagnostic Procedures when Suspecting Asbestos-related Occupational Diseases and the Criteria for Confirmation of Occupational Asbestos-related Disease (No. 134/08); the Act on Compensating Workers Occupationally Exposed to Asbestos (Nos 79/07, 139/10); the Act on the Requirements for Obtaining an Old Age Pension by Workers Occupationally Exposed to Asbestos (Nos 79/07, 149/09 and 139/10); the Ordinance on Limit Values of Exposure to Hazardous Substances at Work and on Biological Limit Values (Nos 13/09, 75/13); the OSH Act 2014; and the Ordinance on the Protection of Workers from Risks related to Exposure to Carcinogens and/or Mutagens (No. 91/15).The Committee requests the Government to continue to provide information regarding the manner in which technical progress and advances in scientific knowledge are taken into account in the periodic review of the national legislation regulating asbestos, including the periodic review and update of exposure limits or other exposure criteria for asbestos and the frequency and the procedures for such reviews.

Articles 5(2) and 10(b). Prohibition of the use of asbestos and appropriate penalties. The Government refers to the ban on the production, trade and usage of asbestos and asbestos containing materials in Croatia, which entered into force on 1 January 2006, and includes crocidolite. The Committee observes that the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) includes crocidolite in the definition of asbestos. The Committee further notes the Government’s indication that the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15) also applies the provisions of this Convention. The Committee notes that section 5 of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15) requires the employer to replace carcinogenic and/or mutagenic substances with harmless or less dangerous substances or preparations.The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure that the national laws or regulations provide for the necessary measures, including appropriate penalties, to ensure effective enforcement of and compliance with the provisions of this Convention. It also requests the Government to provide information regarding the implementation of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15) in relation to asbestos and asbestos-containing products.

Article 17(1). Demolition and removal work. The Committee notes that section 16 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) refers to regulations defining the conditions for demolition of buildings and maintenance work involving asbestos.The Committee requests the Government to provide further information regarding the measures taken to give effect to this provision of the Convention, including the regulations referred to in section 16 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07).

Article 19(1). Disposal of waste containing asbestos. The Committee previously requested the Government to provide further information on the application throughout the country of legislative measures requiring all work related to remediation to be carried out under expert supervision by an authorized company. The Committee notes the information provided by the Government regarding the procedures in place to handle and dispose of asbestos-containing waste. It notes the Ordinance on the Method and Procedures for Asbestos Waste Management (No. 42/07), which sets out measures for the prevention and reduction of asbestos contamination, and requires in section 7(3) that the work plan for the removal of asbestos or asbestos containing materials regulate, in particular, measures necessary for the protection of OSH of the workers and the obligation to use special protective equipment in line with special regulations on OSH. According to the information provided by the Government, the Environmental Protection and Energy Efficiency Fund concludes contracts for the construction of special cells, at landfills, designated for the disposal of waste containing asbestos. In this respect, the Committee notes the Government’s indication that it has constructed 17 special cells for the disposal of asbestos in 13 counties. The Government provides a list of collectors with a contract with the Environmental Protection and Energy Efficiency Fund, regarding the collection, transportation, temporary storage, and delivery for disposal of construction waste containing asbestos in a specially constructed cell at the municipal waste landfill. The Committee notes that the document provided by the Government, dating from 2013 and entitled “Instruction on Handling Asbestos Containing Construction Waste Intended for Disposal on Specially Constructed Cells on Landfills for Non-Hazardous Waste”, requires the preparation of construction waste containing asbestos for the certified collectors.

Article 20(4). Right of workers or their representatives to request monitoring and appeal to the competent authorities. The Committee requests the Government to provide information regarding the manner in which effect has been given to Article 20(4) of the Convention.

Article 21(4). Means of maintaining workers’ income. The Committee requests the Government to provide information regarding the measures taken or envisaged to ensure that, when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort shall be made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, in accordance with Article 21(4) of the Convention.

Article 21(5). System of notification of occupational diseases caused by asbestos. The Committee notes the indication by the Government that the CIHPSW gathers data on persons with asbestos-related health problems into their register and that this data is published annually online. Section 21(2) of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) also refers to the requirement to notify established cases of asbestosis and mesothelioma in accordance with special regulations. The Government further notes that there is an extensive follow-up programme of workers exposed to asbestos, and preventive health monitoring programmes are in place for the surveillance of the health status of workers exposed to asbestos every three years, until 30 years after the last exposure.The Committee requests the Government to provide further information regarding the notification procedures for asbestos-related occupational diseases to the CIHPSW as well as the regulations referred to in section 21(2) of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07).

Article 22(2) and (3). Written policies and procedures for the education and periodic training of workers on hazards due to asbestos. Information about health hazards related to the work, instructions in preventive measures and correct work practices and continuing training in these fields. The Committee notes that section 18 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) requires information on health hazards to be provided by the employer to workers and their representatives. Section 15(2) of the Ordinance further provides that workers’ training programmes must enable workers to acquire skills and knowledge in relation to asbestos, including protective measures and the effects of asbestos on health. The Government also indicates that the employer must take measures to ensure that: workers and/or their representatives have access to the results of measurements of concentration of asbestos fibres in the working environment and are given interpretation of these results; and that workers and/or their representatives are informed as soon as possible about exceeding the maximum limit concentrations, and are consulted on the measures to be taken in an emergency, as well as informed of the measures which have been taken.The Committee requests the Government to provide further information regarding the training provided to workers on asbestos hazards and methods of prevention and control.

C. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176.

The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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 the following Conventions together: Conventions Nos 45 (underground work (women)), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 155 (OSH), 161 (occupational health services) and 162 (asbestos). The Committee recalls that in its previous comments, it had noted the adoption by the Government of a list of legislation related to labour inspection and OSH, and had requested the Government to provide detailed reports on the application of these Conventions.

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS) on Conventions Nos 155, 161 and 162, received in 2016.

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4 and 7 of the Convention. Review of the national OSH policy. The Committee previously noted the adoption of the Occupational Safety and Health Act (Nos 71/14, 118/14, 154/14) (OSH Act 2014). It notes that, pursuant to section 6(1) of the OSH Act 2014, the Government systematically monitors the state of OSH in the country and, in consultation with representatives of employers and workers, identifies, proposes, implements and systematically reviews the OSH policy, and proposes amendments to legislation in order to improve safety and protect the health of employees. Section 7(1) of the OSH Act 2014 further sets out that the tripartite National Council for Work Safety monitors, analyses and evaluates the national OSH policy and system, informs the Government of its findings, and proposes necessary changes. The Committee notes, however, that the UATUC and NHS allege that the national OSH policy lacks coherence, and that revisions to the policy occur only when obligations under European Union (EU) legislation make it necessary to do so. The UATUC and NHS also indicate that there has been no new national programmes on OSH after the National Programme of Occupational Safety and Health for the period 2009–13. The Committee notes that, in its report on the application of Convention No. 161, the Government refers to section 6 of the OSH Act 2014, pursuant to which the Ministry of Labour and Pension System shall, in cooperation with the tripartite National Council for Work Safety, propose for adoption a national programme on OSH for a period of five years, with clearly defined activities. The Committee requests the Government to provide information on the manner in which it ensures the coherence of the national OSH policy and on its periodic review, including the frequency of the meetings of the National Council for Work Safety, the scope of its reviews and the issues discussed, as well as any resulting proposals made.

Articles 5(d), 19(b), (c), (e) and 20. Rights of safety and health representatives. Communication and cooperation at the level of the working group and the undertaking, between management and workers and/or their representatives. The Committee notes that the OSH Act 2014 provides for the election of workers’ safety representatives in sections 70 and 101(7), and in section 34, the establishment of an OSH committee in undertakings with 50 or more employees, consisting of the employer or his authorized officer, the OSH specialist, the occupational medicine specialist, and the workers’ safety representative or their coordinator. The Committee further notes that employers’ obligations under the OSH Act 2014 include: informing employees and the workers’ safety representative of all the risks and changes which might affect the health and safety of employees (section 32(1)); making available the appropriate documentation to the workers’ safety representative (section 32(5)); and consulting in advance and in a timely manner with the workers’ safety representative (sections 31 and 33). It further notes that, pursuant to section 71(2) of the OSH Act 2014, the workers’ safety representative’s rights include being present at inspection visits, raising objections to inspection findings if appropriate and involving a competent inspector, should a representative find that the health and safety of employees has been endangered and the employer fails or refuses to implement OSH measures. In this respect, the UATUC and the NHS observed that, in practice, there is a problem with workers’ representatives not being present at inspection visits, and noted that they are only invited to sign the inspection report, but not to be present during the determination of all the relevant facts during the inspection, so that they are, in effect, not entitled to submit objections to inspection reports. The UATUC and the NHS further noted that in small undertakings, there are minimal possibilities for workers’ representatives to be elected, and that at some workplaces, workers’ representatives do not have influence on employers’ decisions, and are not consulted as required by the OSH Act 2014. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure the implementation in practice of sections 70 and 101(7) of the OSH Act 2014 concerning the election of safety representatives and to provide information on the application of Article 19(b), (c) and (e) of the Convention in practice, including statistics on the number of undertakings with workers’ safety representatives.

Articles 6 and 15. Functions and responsibilities. Coordination. The Committee notes the information in the Government’s report regarding the OSH functions and responsibilities of various institutions and stakeholders. It notes in this respect that section 1 of the OSH Act 2014 establishes the Institute for Occupational Safety Improvement, which systematically monitors the situation on occupational safety in Croatia, improves it through professional and administrative support, carries out research, provides advice, and undertakes preventive measures in the field of OSH. The Government further indicates in its report on the application of Convention No. 161 that the Institute for Occupational Safety Improvement is working on a data collector which will be the central information system in the field of OSH. The Committee notes the Government’s indication that the Croatian Institute for Health Protection and Safety at Work (CIHPSW), an independent health institution at national level, analyses occupational injuries, provides guidelines for employers, and actively trains in the domain of occupational health protection. It notes the observations of the UATUC and the NHS that there are some overlaps between the activities of the Institute for Occupational Safety Improvement and those of the CIHPSW, and that there is a lack of coordination between the policies and activities of these two bodies and the Ministry of Labour and Pension System. In addition, in its report on the application of Convention No. 161, the Government also refers to the existence of a working group on OSH, involving the Ministry of Health, the Ministry of Labour and Pension System, the labour inspectorate, the CIHPSW, the Croatian Institute for Health Insurance, the Institute for Occupational Safety Improvement and other entities, the coordinated activities of which have resulted in the application and development of preventive measures in the protection of OSH, the strengthening of professional platforms in the provision of information pertaining to OSH, and improved cooperation and communication with target groups. The Committee requests the Government to provide information on any measures taken or envisaged to ensure the necessary coordination between the Ministry of Labour and Pension System, the Institute for Occupational Safety Improvement, the CIHPSW, and the labour inspectorate. The Committee also requests the Government to provide information regarding the work of the working group on OSH involving the Ministry of Health, the Ministry of Labour and Pension System, the labour inspectorate, the CIHPSW, the Croatian Institute for Health Insurance, the Institute for Occupational Safety Improvement and other entities, including detailed information on the frequency, outcomes, and impact of its meetings. In addition, the Committee once again requests information regarding the manner in which cooperation between the labour inspectorate and inspection services in other areas is carried out.

Articles 9 and 10. Guidance to employers and workers. Taking into account that Croatia has ratified Convention No. 81 (labour inspection) and Convention No. 129 (labour inspection in agriculture), the Committee refers to its comments adopted in 2018 regarding the application of these two Conventions, including with regard to: Articles 3(1)(b) and 17(2) of Convention No. 81 and Articles 6(1)(b) and 22(2) of Convention No. 129 (technical information and advice on OSH); Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129 (additional functions of labour inspectors); Articles 3(2), 10 and 16 of Convention No. 81 and Articles 6(3), 14 and 21 of Convention No. 129 (number of labour inspectors); Articles 5(a), 14 and 21(g) of Convention No. 81 and Articles 12, 19 and 27(g) of Convention No. 129 (notification of cases of occupational diseases); Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22(1) and 24 of Convention No. 129 (penalties); and Articles 5(a), 20 and 21 of Convention No. 81 and Articles 12, 26 and 27 of Convention No. 129 (annual report of the labour inspectorate).

Article 11(c) and (e). Functions to be carried out progressively, including the establishment and application of procedures for the notification of occupational accidents and diseases by employers and the annual publication of information on occupational accidents and diseases. The Committee notes that section 65 of the OSH Act 2014 sets out the duty for employers to notify cases of serious or fatal injuries to the body competent for inspections, immediately after the injury has occurred. With regard to the annual production of statistics and annual publication of information, the Committee notes the Government’s indication in its report on the application of Convention No. 81 that the Croatian Health Insurance Fund provides the labour inspectorate with monthly updated data on all occupational accidents which have occurred in the country and on the recognized occupational diseases. The Committee further notes that, pursuant to section 83 of the OSH Act 2014, the Institute for Occupational Safety Improvement conducts statistical surveys on OSH as part of its mandate. The annual report of the labour inspectorate also provides information regarding its work in the field of occupational safety. The Committee requests the Government to provide further information regarding the statistical surveys conducted by the Institute for Occupational Safety Improvement, including their frequency, their scope, and whether there is any cooperation between the Institute for Occupational Safety Improvement and other bodies such as the Croatian Health Insurance Fund, when it comes to the production of annual statistics on occupational accidents and diseases.

Article 11(d). Holding of inquiries. The Committee notes that, pursuant to section 32(9) of the OSH Act 2014, in the event of fatal or severe injury, the employer is obliged to call the workers’ safety representative to carry out an investigation at the workplace. The Committee requests the Government to provide further information regarding the procedures in place for the holding of inquiries, where cases of occupational accidents, occupational diseases or any other injuries to health which arise in the course of or in connection with work appear to reflect situations which are serious.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that the information provided by the Government on the application of this provision relates to the duties of employers. With regard to machinery, it notes that section 5 and Annex I of the Ordinance on Machinery Safety (No. 28/11) sets out health and safety requirements to be complied with by manufacturers and their authorized representatives. The Committee requests the Government to provide further information regarding the measures taken or envisaged to prescribe the obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, in accordance with Article 12(a), (b) and (c) of the Convention.

Article 14. Measures for the inclusion of questions of occupational safety and health at all levels of education and training. The Committee notes the information provided by the Government regarding the Ordinance on Training in Occupational Health and Safety and on Competence Examinations (No. 112/14), which includes provisions for the methods and conditions of professional examinations for OSH coordinators, and of continuing professional training. The Committee also notes that section 29 of the OSH Act 2014 requires employers and their authorized officers to be educated and professionally trained in the field of OSH, in accordance with the risk assessment of the enterprise. The Committee requests the Government to provide further information regarding the measures taken or envisaged to promote the inclusion of questions of OSH and the working environment at all levels of education and training, including higher technical, medical and professional education, in a manner which meets the training needs of all workers. In this respect, it also requests the Government to provide further information regarding the implementation of the Ordinance on Training in Occupational Safety and Health and on Competence Examinations (No. 112/14) and its impact on OSH in undertakings.

Occupational Health Services Convention, 1985 (No. 161)

Articles 1, 2 and 3 of the Convention. National policy and plans to progressively develop occupational health services. The Committee previously noted that the National Programme of Occupational Safety and Health for the period 2009–13 included specific policies concerning occupational health services, such as strategic goals to improve the efficiency of and access to occupational health services and to monitor the health of workers. In this respect, the Committee notes the observations of the UATUC and the NHS alleging that, as of 2016, the Government had not adopted a new national programme following the National Programme of Occupational Safety and Health for the period 2009–13, and that the Programme had not been periodically reviewed or evaluated. With reference to its comment above on Articles 4 and 7 of Convention No. 155, the Committee requests the Government to provide detailed information regarding any new national programme that has been proposed pursuant to section 6 of the OSH Act 2014, including its goals in relation to occupational health services, the manner in which the most representative organisations of employers and workers are consulted, the impact of its implementation for the progressive development of occupational health services for all workers, and the manner in which the programme is periodically reviewed.

Article 8. Cooperation between employers, workers and their representatives with respect to occupational health services. Application in practice. The Committee notes that the requirement in section 34(1) and (3) of the OSH Act 2014 setting up an OSH committee in undertakings with 50 or more employees involves the participation of the occupational medicine specialist appointed in accordance with a special regulation. Section 34 of the OSH Act 2014 further stipulates that the employer employing fewer than 50 employees shall be obliged to set up an OSH committee if prescribed to do so by a special law or regulation. The Committee notes the indication by the UATUC and the NHS that there is no data regarding the participation of occupational medicine specialists in OSH committees, or their influence in such committees, and that there is an insufficient number and unequal territorial distribution of occupational medicine specialists in the country. The Government also states that, in practice, employers rarely consult occupational medicine specialists when carrying out risk assessments. The Committee requests the Government to provide further information regarding the manner in which the employer, workers and their representatives, where they exist, cooperate and participate in the implementation of the organisational and other measures relating to occupational health services on an equitable basis, including information on the participation in practice of occupational medicines specialists in OSH committees.

Article 9(1) and (3). Multidisciplinary nature of occupational health services and composition of personnel. Cooperation between occupational health services and other bodies concerned with the provision of health services. The Committee requests the Government to provide information regarding the measures taken or envisaged to ensure that occupational health services are multidisciplinary and on the criteria according to which their composition is determined, in accordance with Article 9(1) of the Convention. The Committee also requests the Government to indicate the measures taken or envisaged to ensure adequate cooperation and coordination between occupational health services and other bodies concerned with the provision of health services, in accordance with Article 9(3) of the Convention.

Article 11. Qualifications of the personnel providing occupational health services. The Committee notes that the Government refers to section 27 of the Health Care Act, which includes the qualifications of healthcare professionals at the primary level, described under section 26 of the Health Care Act as including different types of healthcare and occupational medicine. In addition, the Committee notes that, under section 82(3) and (7) of the OSH Act 2014, a person may be authorized to provide training in safe working practices, in accordance with conditions to be stipulated in Ordinances to be adopted by the Minister. The Committee requests the Government to provide further information regarding the qualifications required for the personnel providing occupational health services. The Committee further requests the Government to provide information on any Ordinances that have been adopted pursuant to section 82(7) of the OSH Act 2014.

Article 12. Surveillance of workers’ health during working hours. The Committee notes that section 64(2) of the OSH Act 2014 stipulates that the employee shall not bear the costs of previous and periodic examinations, or of obtaining a certificate stating that they meet the special requirements for employment, in accordance with the relevant OSH rules and regulations. In this respect, the Committee notes the Government’s indication that, as per section 21 of the Health Care Act, workers are entitled to specific medical healthcare (occupational medical services) under the Mandatory Health Insurance Act (Nos 80/13, 137/13), which is mandatory for all persons employed in the private or public sectors. The Government also indicates that the cost of medical examinations are borne by the Croatian Institute for Health Insurance. The Committee requests the Government to provide information regarding the measures taken or envisaged to ensure that surveillance of workers’ health in relation to work shall take place as far as possible during working hours, in accordance with Article 12 of the Convention.

Article 15. Occurrences of illness among workers and absence from work for health reasons. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 15 of the Convention.

Application of the Convention in practice. The Committee notes the observations of the UATUC and the NHS that there is a lack of occupational medicine specialists in the country, and a missing link between general practitioners and occupational medicine specialists, as general practitioners and other specialized doctors do not recognize that changes in the workers’ health are a consequence of working conditions. The Committee requests the Government to provide further information regarding the application of the Convention in practice, including information on the number of workers covered by the legislation, the number of occupational medicine specialists hired and the number of workplaces that they cover, and whether any measures are in place to ensure communication between occupational health services and general practitioners where necessary.

B. Protection from specific risks

Occupational Cancer Convention, 1974 (No. 139)

Article 1(3) of the Convention. Periodic determination of carcinogenic substances and agents. The Committee notes the Government’s indication that, since its accession to the European Union, the Government adheres to EU regulations concerning hazardous chemicals and carcinogenic, mutagenic or reprotoxic products and substances. The Committee also notes with interest the adoption of a number of pieces of legislation since the Government’s last report, including the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15), which defines carcinogens and mutagens in accordance with the EU Regulation on Classification, Labelling and Packaging (No. 1272/2008) and lays down minimum requirements for protection against carcinogens and/or mutagens. The Committee requests the Government to continue to provide information on developments related to its periodic determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control.

Article 2. Replacement of carcinogenic substances and agents. The Committee notes the information provided by the Government in reply to its previous request regarding information on measures taken to ensure the full application of Article 2 of the Convention. In particular, the Committee notes that, pursuant to section 46(1) of the OSH Act 2014, the employer is required to continuously improve OSH by applying less hazardous and harmful technologies, work procedures and work substances. The Committee further notes the Government’s indication that, pursuant to section 5 of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15), the employer shall replace carcinogens and/or mutagens at the workplace with harmless or less harmful substances, compounds or procedures, which, depending on the situation and usage conditions, are not harmful or are less harmful for the workers’ health and safety. In addition, section 6 of the Ordinance provides that employers are required to keep the number of exposed workers to the minimum possible.

Application of the Convention in practice. The Committee notes the information provided by the Government regarding the register of incidences of occupational diseases and the CIHPSW’s form for employers to complete on workers who work with carcinogens and mutagens, including the indication that, by the end of 2015, the CIHPSW had received information from 18 employers covering a total of 168 workers exposed to carcinogens and mutagens, with 159 workers having gone through medical examinations prior to work with carcinogens and mutagens, and 164 having gone through periodical medical examinations during the work period. The Committee requests the Government to continue to provide details on its appreciation of the manner in which the Convention is applied in the country, including information regarding inspections carried out and the number and nature of the contraventions reported.

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

Article 4(2) of the Convention. Technical standards and codes of practice. The Committee requests the Government to indicate whether it has developed or intends to develop any technical standards or codes of practice relating to air pollution, noise or vibration, including the Code of Conduct envisaged under section 13 of the Ordinance on the Protection of Workers from Exposure to Noise at Work (No. 46/08).

Article 8(3). Criteria for determining the hazards of exposure to air pollution, noise and vibration and exposure limits. The Committee notes that section 7(1) of the Ordinance on the Protection of Workers from Exposure to Noise at Work (No. 46/08) and section 6(1) of the Ordinance on Protecting Workers from Risks Arising from Exposure to Vibration at Work (No. 155/08) specify that technical progress should be taken into account when reducing risks from noise and vibrations to a minimum. The Committee requests the Government to continue to provide information regarding the manner in which it is ensured that criteria and exposure limits are revised regularly in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace, in accordance with Article 8(3) of the Convention.

Article 9. Working environment to be kept free from any hazard due to air pollution, noise or vibration. The Committee notes that, under section 46(1) of the OSH Act 2014, the employer is obliged to continuously improve OSH by applying less hazardous and harmful technologies, work procedures and substances. The Committee also notes the Government’s reference to a number of provisions in national legislation providing for the requirement to eliminate or reduce the risks linked with exposure to noise, vibration, hazardous chemicals, carcinogens or mutagens and asbestos in workplaces, namely: section 47 of the OSH Act 2014; section 7 of the Ordinance on Protection of Workers from Exposure to Noise at Work (No. 46/08); section 6 of the Ordinance on Protecting Workers from Risks Arising from Exposure to Vibration at Work (No. 155/08); section 7 of the Ordinance on the Protection of Workers against the Risk of Exposure to Hazardous Chemicals at Work (No. 91/15); section 7 of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15); and section 7 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07). The Committee requests the Government to provide information on steps taken with respect to technical measures applied to new plant or processes in design or installation, with a view to ensuring that, as far as possible, the working environment is kept free from any hazard due to air pollution, noise or vibration, in accordance with Article 9(a) of the Convention.

Article 11(1). Provision of periodical surveillance of the health of workers exposed or liable to be exposed to occupational hazards due to noise and vibration. The Committee notes the Government’s reference, in response to its previous request concerning the application of Article 11(1), to section 36 of the OSH Act 2014, which sets out requirements for medical check-ups both prior to and during employment involving the performance of work with special working conditions. The Government also refers to section 3(18) of the Ordinance on Special Conditions of Employment (No. 5/84), which includes workers exposed to physical or chemical hazards, noise and vibration in the categories of jobs with special working conditions. The Committee notes that, pursuant to section 103(5) and (6) of the OSH Act 2014, the regulations concerning work with special conditions and requirements to be met by workers performing such work, referred to in section 36(6) of the OSH Act 2014, should have been adopted within 90 days of the entry into force of the OSH Act 2014, and that the Ordinance on Special Conditions of Employment (No. 5/84) shall only be valid until such adoption. The Committee observes that the noise exposure level contemplated by the Ordinance on Special Conditions of Employment (No. 5/84) is higher than the permissible noise levels contemplated in the Annex of the Ordinance on Protection of Workers from Exposure to Noise at Work (No. 46/08). The Committee requests the Government to indicate whether it has taken measures to adopt the regulations envisaged under section 36(6) of the OSH Act 2014.

Article 11(3) and (4). Provision of alternative employment, the right to maintain income, social security benefits or social insurance. The Committee notes the Government’s indication that, pursuant to section 40 of the OSH Act 2014, the employer is obliged to carry out special protection measures to prevent further damage to health and impairment of remaining work ability, for workers who have been diagnosed with an occupational disease, and for whom the competent expert body has determined, inter alia, a partial loss of work capacity. Section 40(3) of the OSH Act 2014 requires employers to adapt working conditions and organization of working hours, to remove the risks to safety and health, and to ensure the possibility of other appropriate work or work at a different site if adjustments are not technically feasible or justifiable. The Committee once again recalls that the Convention provides that a transfer to alternative employment is required when continued assignment is considered medically inadvisable, which in certain cases may be before any damage has occurred. The Committee asks the Government to indicate if the special protection measures referred to in section 40 of the OSH Act 2014 also cover the situation in which exposure to air pollution, noise or vibration is found to be medically inadvisable, even in cases where there is no occupational disease. The Committee also requests further information regarding whether measures are taken or envisaged to ensure that the worker concerned is able to maintain his income through other measures if suitable alternative work is not found, in accordance with Article 11(3) of the Convention. The Committee further requests the Government to provide information on measures taken or envisaged to ensure that the rights of workers under social security or social insurance legislation are not adversely affected, in accordance with Article 11(4) of the Convention.

Article 12. Notification to the competent authority. The Committee notes the various requirements to provide advance notification for work involving: the production and use of carcinogenic and/or mutagenic substances (section 9(1) of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15)); asbestos (section 5(1) of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07)); and biological agents (section 13 of the Ordinance on the Protection of Workers against the Risk of Exposure to Biological Agents at Work (No. 155/08)). The Committee requests the Government to provide information regarding the measures taken or envisaged to give full effect to this provision of the Convention in respect of noise and vibration.

Asbestos Convention, 1986 (No. 162)

Articles 3(2) and 15 of the Convention. Periodic review in light of technical progress and advances in scientific knowledge, including review of limits for the exposure of workers to asbestos. The Committee notes that the Government refers in its report to a number of pieces of legislation applying the provisions of this Convention, including the List of Poisons whose Production, Transport and Use is Prohibited (No. 29/05); the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07); the Ordinance on the Method and Procedures for Asbestos Waste Management (No. 42/07); the Act on Mandatory Health Monitoring of Workers Occupationally Exposed to Asbestos (No. 79/07); the Act to Amend and Supplement the Act on the List of Occupational Diseases (No. 107/07); the Ordinance on Conditions and Methods of Health Surveillance and Diagnostic Procedures when Suspecting Asbestos-related Occupational Diseases and the Criteria for Confirmation of Occupational Asbestos-related Disease (No. 134/08); the Act on Compensating Workers Occupationally Exposed to Asbestos (Nos 79/07, 139/10); the Act on the Requirements for Obtaining an Old Age Pension by Workers Occupationally Exposed to Asbestos (Nos 79/07, 149/09 and 139/10); the Ordinance on Limit Values of Exposure to Hazardous Substances at Work and on Biological Limit Values (Nos 13/09, 75/13); the OSH Act 2014; and the Ordinance on the Protection of Workers from Risks related to Exposure to Carcinogens and/or Mutagens (No. 91/15). The Committee requests the Government to continue to provide information regarding the manner in which technical progress and advances in scientific knowledge are taken into account in the periodic review of the national legislation regulating asbestos, including the periodic review and update of exposure limits or other exposure criteria for asbestos and the frequency and the procedures for such reviews.

Articles 5(2) and 10(b). Prohibition of the use of asbestos and appropriate penalties. The Government refers to the ban on the production, trade and usage of asbestos and asbestos containing materials in Croatia, which entered into force on 1 January 2006, and includes crocidolite. The Committee observes that the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) includes crocidolite in the definition of asbestos. The Committee further notes the Government’s indication that the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15) also applies the provisions of this Convention. The Committee notes that section 5 of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15) requires the employer to replace carcinogenic and/or mutagenic substances with harmless or less dangerous substances or preparations. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure that the national laws or regulations provide for the necessary measures, including appropriate penalties, to ensure effective enforcement of and compliance with the provisions of this Convention. It also requests the Government to provide information regarding the implementation of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15) in relation to asbestos and asbestos-containing products.

Article 17(1). Demolition and removal work. The Committee notes that section 16 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) refers to regulations defining the conditions for demolition of buildings and maintenance work involving asbestos. The Committee requests the Government to provide further information regarding the measures taken to give effect to this provision of the Convention, including the regulations referred to in section 16 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07).

Article 19(1). Disposal of waste containing asbestos. The Committee previously requested the Government to provide further information on the application throughout the country of legislative measures requiring all work related to remediation to be carried out under expert supervision by an authorized company. The Committee notes the information provided by the Government regarding the procedures in place to handle and dispose of asbestos-containing waste. It notes the Ordinance on the Method and Procedures for Asbestos Waste Management (No. 42/07), which sets out measures for the prevention and reduction of asbestos contamination, and requires in section 7(3) that the work plan for the removal of asbestos or asbestos containing materials regulate, in particular, measures necessary for the protection of OSH of the workers and the obligation to use special protective equipment in line with special regulations on OSH. According to the information provided by the Government, the Environmental Protection and Energy Efficiency Fund concludes contracts for the construction of special cells, at landfills, designated for the disposal of waste containing asbestos. In this respect, the Committee notes the Government’s indication that it has constructed 17 special cells for the disposal of asbestos in 13 counties. The Government provides a list of collectors with a contract with the Environmental Protection and Energy Efficiency Fund, regarding the collection, transportation, temporary storage, and delivery for disposal of construction waste containing asbestos in a specially constructed cell at the municipal waste landfill. The Committee notes that the document provided by the Government, dating from 2013 and entitled “Instruction on Handling Asbestos Containing Construction Waste Intended for Disposal on Specially Constructed Cells on Landfills for Non-Hazardous Waste”, requires the preparation of construction waste containing asbestos for the certified collectors.

Article 20(4). Right of workers or their representatives to request monitoring and appeal to the competent authorities. The Committee requests the Government to provide information regarding the manner in which effect has been given to Article 20(4) of the Convention.

Article 21(4). Means of maintaining workers’ income. The Committee requests the Government to provide information regarding the measures taken or envisaged to ensure that, when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort shall be made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, in accordance with Article 21(4) of the Convention.

Article 21(5). System of notification of occupational diseases caused by asbestos. The Committee notes the indication by the Government that the CIHPSW gathers data on persons with asbestos-related health problems into their register and that this data is published annually online. Section 21(2) of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) also refers to the requirement to notify established cases of asbestosis and mesothelioma in accordance with special regulations. The Government further notes that there is an extensive follow-up programme of workers exposed to asbestos, and preventive health monitoring programmes are in place for the surveillance of the health status of workers exposed to asbestos every three years, until 30 years after the last exposure. The Committee requests the Government to provide further information regarding the notification procedures for asbestos-related occupational diseases to the CIHPSW as well as the regulations referred to in section 21(2) of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07).

Article 22(2) and (3). Written policies and procedures for the education and periodic training of workers on hazards due to asbestos. Information about health hazards related to the work, instructions in preventive measures and correct work practices and continuing training in these fields. The Committee notes that section 18 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) requires information on health hazards to be provided by the employer to workers and their representatives. Section 15(2) of the Ordinance further provides that workers’ training programmes must enable workers to acquire skills and knowledge in relation to asbestos, including protective measures and the effects of asbestos on health. The Government also indicates that the employer must take measures to ensure that: workers and/or their representatives have access to the results of measurements of concentration of asbestos fibres in the working environment and are given interpretation of these results; and that workers and/or their representatives are informed as soon as possible about exceeding the maximum limit concentrations, and are consulted on the measures to be taken in an emergency, as well as informed of the measures which have been taken. The Committee requests the Government to provide further information regarding the training provided to workers on asbestos hazards and methods of prevention and control.

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176.

The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 2. Replacement of carcinogenic substances and agents. Application in practice. The Committee notes that the Government reiterates its reference to sections 45–49 in Chapter 8 in the 1996 Act on Safety and Health Protection at the Workplace but that it gives no indications as to progress regarding the previously reported intentions to amend the relevant provisions to require the replacement of carcinogenic substances and agents by non-carcinogenic substances or agents or by less harmful substances and agents. The Committee also notes the brief information regarding inspections carried out in 2009 in 22 undertakings indicated as using, processing or storing carcinogens, seven of which were found to be in violation of existing legislation. The Committee requests the Government to provide information on measures taken to ensure a full application of Article 2 of the Convention. The Committee also requests the Government to provide further details on its appreciation of the manner in which the Convention is applied in the country, including more ample information regarding inspections carried out, the number and nature of the contraventions reported, as well as statistical information including information regarding the number, nature and causes of occupational diseases reported and recorded in the country.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(3) of the Convention. Determination of carcinogenic substances and agents. Article 5. Medical examinations following the termination of the period of employment. The Committee notes with interest reported legislative developments including the adoption of the Ordinance of 18 April 2007 on Protecting Workers from Carcinogens and/or Mutagens (Official Gazette No. 40/2007); amendments to the Occupational Safety and Health Insurance Act (Official Gazette Nos 85/06 and 67/08) and the Act on Mandatory Health Monitoring of Workers’ Occupational Exposure to Asbestos (Official Gazette No. 79/77) giving further effect to Articles 1(3) and 5. The Committee requests the Government to keep it informed of any further developments in terms of new or amended legislation giving effect to the Convention and to provide copies of the relevant texts when they are adopted.

Article 2, in relation to Part IV of the report form. Replacement of carcinogenic substances and agents. Practical application. The Committee notes that the Government reiterates its reference to sections 45–49 in Chapter 8 in the 1996 Act on Safety and Health Protection at the Workplace but that it gives no indications as to progress regarding the previously reported intentions to amend the relevant provisions to require the replacement of carcinogenic substances and agents by non-carcinogenic substances or agents or by less harmful substances and agents. The Committee also notes the brief information regarding inspections carried out in 2009 in 22 undertakings indicated as using, processing or storing carcinogens, seven of which were found to be in violation of existing legislation. The Committee requests the Government to provide information on measures taken to ensure a full application of Article 2 of the Convention. The Committee also requests the Government to provide further details on its appreciation of the manner in which the Convention is applied in the country, including more ample information regarding inspections carried out, the number and nature of the contraventions reported, as well as statistical information including information regarding the number, nature and causes of occupational diseases reported and recorded in the country.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Further to its observation, the Committee notes the information provided in the Government’s report in response to its previous observations. It wishes however to receive additional information on the following points.

2. Article 1, paragraph 3, of the Convention. Determination of carcinogenic substances and agents. The Committee notes the information that the regulation relating to occupational health and safety regarding carcinogenic or mutagenic substances, as well as a list of carcinogenic substances in accordance with the International Labour Office guide, will be adopted between now and the end of the year. The Committee requests the Government to keep it informed of any developments in this regard and to provide copies of the relevant texts when they are adopted.

3. Article 2, in relation to Part IV of the report form. Replacement of carcinogenic substances and agents. The Committee notes that the legislative amendments relating to section 24 of the Act of 1996 have not been undertaken. The Committee hopes that the next Government report will report on the amendments guaranteeing that carcinogenic substances or agents for which an appropriate substitute product exists shall be replaced by other less harmful substances or agents. The Committee requests the Government to keep it informed of any developments in this regard and to provide it with a copy of the relevant texts as soon as they are adopted. As to the length of the period of exposure of workers to carcinogenic substances or agents, the Committee notes that the Government report contains no response concerning the effects of the Act of 5 March 1999 on occupational health inspection. It once again requests the Government to indicate the effects of this Act on the effective application of the national legislation on occupational safety and health.

4. Article 5. Medical examinations following the termination of the period of employment. The Committee notes the information that the obligation to carry out medical examinations or biological or other tests or investigations to evaluate the exposure of workers following the termination of their period of employment, as well as the supervision of their state of health in relation to occupational hazards, will be the subject of provisions under the regulation relating to occupational health and safety regarding carcinogenic or mutagenic substances which is to be adopted in the near future. The Committee requests the Government to keep it informed of any developments in this regard and to provide copies of the relevant texts when they are adopted.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the report of the Government and the observations submitted by the Association of Workers affected by Asbestosis-Vranjic concerning the application of the Asbestos Convention, 1986 (No. 162), and refers to the concerns expressed in its comments under that Convention this year regarding the health hazards that workers at the Salonit factory, as well as the population in the vicinity, are facing due to exposure to asbestos.

2. The Committee is addressing a request directly to the Government on certain other points.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the information supplied in response to its previous comments. It draws the Government’s attention to the following points.

1. Article 1, paragraph 3, of the Convention. With reference to its previous comments, the Committee notes the Government’s indication that ILO guides were not available when the rules on the maximum concentrations of harmful substances in the air of working premises and areas, 1993, were drafted, but that the Ministry will request the respective materials from the International Labour Office to ensure that the latest developments in the determination of carcinogens are taken into consideration at the occasion of the revision of the above rules. Noting this information, the Committee would request the Government to indicate whether a revision of the above rules is envisaged, in which process the information contained in the ILO guides, e.g. Occupational Cancer: Prevention and Control, second revised edition, Occupational Safety and Health Series, No. 39, Geneva 1989, are taken into consideration and, if so, to supply information on any progress made in this respect.

2. Article 2, in conjunction with Part IV of the report form. The Committee notes the Government’s indication that it was intended to amend the Occupational Safety and Health Act, 1996, which is effective since 1 January 1997, by the end of 2001. At this occasion, the wording of section 46 might be changed and the focus will be laid on the replacement of carcinogenic substances, which is particularly important, as already the application of the current provisions contained in section 46, requiring the replacement of a harmful substance merely in the case where the same work result can be achieved by using another less harmful substance, has not been promoted much. In this regard the Government adds that, while it is well aware that little has been done to replace carcinogenic substances and to replace worn-out equipment that would emit ionizing radiation, this problem cannot be resolved quickly due to the current rather limited possibilities of the Croatian economy. However, the Government expects a strengthening of the work dedicated to bring into conformity the national legislation with the European Union Directives in which framework the Committee’s comments will be taken into consideration, in relation to both, the adoption of regulations and their implementation in practice. The Committee accordingly hopes that the Government will take the necessary measures in the framework of the harmonization of its national legislation with the European Union law in order to ensure that, whenever a reasonable substitute product is available, carcinogenic substances or agents will be indeed replaced by other less harmful substances or agents. With regard to the reduction of the duration of workers’ exposure to carcinogenic substances or agents, the Committee notes the Government’s indication that, although section 32, subsection 1, in conjunction with subsection 6 of the Labour Act, 1995, provides for the possibility to reduce the duration of workers’ exposure to harmful substances by reducing working hours which are nevertheless counted in such a way that the hours effectively worked are deemed to constitute full-time working hours, this possibility has not been applied sufficiently in practice. Taking due note of the Government’s indications, it appears to the Committee that problems in the application of the Convention are particularly related to the lack of implementation in practice of existing national legislation. In this respect, the Committee notes the adoption of the Act of 5 March 1999 on Occupational Health Inspection. It would therefore request the Government to indicate the impact of this Act with regard to the effective application of national legislation in the field of occupational safety and health.

3. Article 5. The Committee notes the Government’s indication that the rules on works with special working conditions, No. 5/84, provide for preliminary and periodical medical examinations, once a year, of workers who are exposed to harmful substances. The Government further indicates that, although the nature of these medical examinations for workers working with carcinogenic substances is not determined, specific medical tests are nevertheless carried out by the occupational medicine specialists depending on the type of carcinogen to which the worker concerned has been exposed, i.e. according to the effect a particular carcinogenic substance may have on specific human organs. In this regard, the Committee would recall section 36, paragraph 1, of the Safety and Health at the Workplace Act, 1996, requiring medical examinations of workers working under particular working conditions, e.g. with carcinogens, and section 113, paragraph 1, of the same Act obliging the designated minister to adopt regulations for the implementation of the Act within one year following the entry into force of the Act, thus until 1 January 1998. The Committee accordingly hopes that the Government will take the necessary measures in the near future to adopt regulations implementing section 36, paragraph 1, of the Safety and Health at the Workplace Act, 1996. With regard to post-assignment medical examination of workers, the Government indicates that there are still no provisions providing for such examinations. However, this issue should be regulated by specific regulations pertaining to the field of health care. The Committee therefore stresses again the particular importance of workers’ health surveillance after they have ceased their employment, since it is often difficult to demonstrate the occupational origin of cancer, as from the clinical and pathological point of view there is no difference between occupational cancer and other non-occupational forms. Thus, the principle of post-assignment medical examination of workers consists in the establishment of a final evaluation of the workers’ health and to compare it with results of preceding medical examinations to see whether the job assignment involving the exposure to carcinogens has caused any health impairment to the workers. The Committee therefore requests the Government to take the necessary measures in a near future to ensure that workers are provided with medical examinations or biological or other tests or investigations, not only during their period of employment, but also thereafter, as necessary, to evaluate their exposure and supervise their state of health in relation to the occupational hazards, in order to fully apply Article 5 of the Convention.

4. Finally, the Committee would be grateful if the Government would send a copy of the rules on works with special working conditions, No. 5/84; the rules on records, documents, reports and book of supervision from the field of occupational safety and health, No. 52/84; the rules on occupational safety and health in work with substances containing polychlorinated biphenyl, polychlorinated naphthalene and polychlorinated terphenyl, No. 7/89; and the rules on the methods of testing certain instruments of labour and of working environment, No. 29/71.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied by the Government in its first report. It would draw the Government's attention to the following points.

1. Article 1, paragraph 3, of the Convention. The Committee notes that, according to sections 3 and 5 of the Rules on the Maximum Concentrations in the Air of Working Premises and Areas and on Biological Marginal Values, a list of carcinogenic substances and agents has been established in the light of current scientific and professional knowledge. It also notes the Government's indication that the limits provided for in the above-mentioned Rules correspond with the American and German standards. The Committee would ask the Government to explain whether, in order to establish such a list, the latest information contained in the guides published by the ILO, e.g. the Occupational Safety and Health Series, are taken into account, as well as information provided by other international institutions.

2. Article 2, paragraph 1. The Committee notes that section 46, subsection 2, of the Law on Safety and Health Protection at the Workplace prescribes that dangerous substances can be used only if the same work result cannot be achieved by using other non-dangerous substances. It appears to the Committee that the decision to replace a dangerous substance by a less dangerous substance depends on the work results to be achieved and not on the availability of substitute products. The Committee also notes the Government's indication that, while no significant measures have been taken to replace harmful substances by less harmful substances, efforts have been made to lower the concentration of harmful substances. The Committee would recall that under Article 2, paragraph 1, of the Convention, each member which ratifies this Convention shall make every effort to have carcinogenic substances or agents to which workers may be exposed in the course of their work replaced by non-carcinogenic substances or agents or by less harmful substances or agents. The Committee would therefore request the Government to indicate the measures taken or envisaged to ensure that, in cases where there is a reasonable substitute product, carcinogenic substances or agents are indeed replaced by such products.

3. Article 5. The Committee notes that section 36, subsection 1, of the Law on Safety and Health Protection at the Workplace provides for periodical examinations during the employment of workers assigned to work including the exposure to harmful substances. The frequency of those examinations is to be determined in occupational safety and health regulations. The Committee notes that section 113, paragraph 1, of the Law on Safety and Health Protection at the Workplace, 1996, requires the designated Minister to adopt regulations for the implementation of the Law within one year following the entry into force of the law. In view of this fact, the Committee would request the Government to indicate the regulations currently in force that implement section 36, subsection 1, of the Law on Safety and Health Protection at the Workplace.

It also would ask the Government to supply information on the nature of the medical examinations prescribed for workers exposed to carcinogenic substances.

The Committee also notes that no provision provides for medical examinations of workers after employment. It would recall that Article 5 of the Convention provides, inter alia, that workers shall undergo medical examinations, as necessary, after employment in order to ensure that appropriate medical supervision is provided to workers who may not reveal any symptoms of cancer until some time after the period of exposure. The Government is therefore requested to indicate measures taken or contemplated ensuring that workers who have been exposed to carcinogenic substances are medically supervised.

4. Point IV of the report form. The Committee notes the Government's indication according to which the Convention is not applied to the extent as it would be desirable, especially with regard to the lack of replacement of carcinogenic substances by non-carcinogenic substances. It also notes that the equipment used in the country, which is on an average 12 years old, constitutes a major problem in the reduction of danger arising from ionizing radiation. The Committee hopes that the Government will overcome these problems in the near future. It invites the Government to provide further information on, for example, inspections carried out, the number of workers covered by the legislation and the number and nature of infringements of the legislation reported.

5. Finally, the Committee requests the Government to supply a copy of the Rules on the Investigation of Certain Means of Production and Working Environment, No. 29/71, and the Rules on Jobs with Special Working Conditions, No. 5/84.