Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 162) sur l'amiante, 1986 - Croatie (Ratification: 1991)

1. The Committee recalls the grave concerns it expressed in its observation in 2005 regarding the application of the Convention in Croatia and, in particular, the situation at the Salonit-Vranjic factory site. It also recalls the discussion that took place at the Conference Committee in June 2006 and that the Conference Committee, in its conclusions, invited the Government to accept, as a matter of urgency, a high-level direct contacts mission with a view to verifying the situation “in situ” and to follow up on this case. The Committee notes that the Government accepted this invitation.

2. The Committee is in receipt of the report of the high-level direct contacts mission (the mission) undertaken by the Office from 2 to 6 April 2007 in Croatia as a follow-up to the conclusions of the Conference Committee in June 2006. It notes that the purpose of the mission was to review the national situation regarding activities involving exposure of workers to asbestos in the course of work; to seek information regarding past and present exposure of workers to asbestos at the Salonit-Vranjic factory site and on past and present pollution of the general environment by asbestos released therefrom; and to review the measures taken and envisaged in both law and practice for an effective application of the Convention including, in particular, the measures taken to consult with the social partners on such measures.

3. In addition to the reports submitted by the Government in 2006 and the communications submitted by the Association of the Workers Affected by Asbestosis, Vranjic (the Association), the Committee has examined the report of the mission, the numerous written documents and other material made available to the mission by the Government and government officials, organizations representing workers occupationally exposed to asbestos, in particular at the Salonit-Vranjic factory and the Association, as well as the conclusions of the mission.

4. The Committee welcomes the fact that the mission could be efficiently carried out in full cooperation with the Government and all relevant line ministries, in particular the Ministry of Economy, Labour and Entrepreneurship (MELE) and the social partners, and that arrangements were made to facilitate the meetings between the members of the mission and other relevant stakeholders including, in particular, workers occupationally exposed to asbestos, inter alia, at the Salonit-Vranjic factory site.

5. The Committee notes that, according to statements made in the context of the mission, the Government’s ambition is to ensure the full application of Convention No. 162, as well as to align Croatia’s legislation with the requirements of the acquis communautaire. The Government recognizes that there is a need to review the provisions on health protection, employment and social protection, and to build institutional and other capacities to be able to do so. The Government also shares the view that it is urgent to find a solution to the problems of the Salonit-Vranjic workers, in particular with regard to pension rights and the resolution of their claims for compensation, including a mechanism to provide funds for the settlement of those claims, as Salonit-Vranjic has gone bankrupt, and that the claims of the workers at the factory would have to be paid from the state budget, as Salonit-Vranjic had formerly been a state-owned company. The Committee also notes the Government’s statement that, while its aim is to obtain the best possible pensions for all the workers and not only those suffering from asbestos-related diseases, any such solutions depend on clearance from the Ministry of Finance. Against this background, the Committee particularly welcomes MELE’s undertaking at the conclusion of the mission, to consider whether current financial decisions could be reconsidered so as to make financial provision for the resolution of these issues, and that MELE invited the other ministries concerned to do the same. The Committee also welcomes the undertaking by MELE to give further consideration to a possible partial solution to this urgent and serious problem.

6. The Committee deeply regrets, however, that it is not in a position to verify whether these intentions have been translated into concrete action and to carry out a detailed examination of the issues raised in its 2005 observation as the Government has not, as requested, submitted any report to the ILO on the action taken by it since the mission. Against this background, the Committee strongly urges the Government to make immediate efforts to take the actions and measures detailed in the conclusions of the mission, and to give top priority to resolving the cases of workers suffering from asbestosis and other related diseases. It is imperative to allocate the necessary personnel and financial resources so that the various measures can be effectively implemented. The conclusions of the mission, in their relevant parts, are reproduced below.

Legislative provisions pending

The mission was informed that the following legislative provisions concerning the diagnostic, medical care and reimbursement claims of those suffering from diseases caused by asbestos were pending and had not yet been submitted to the Croatian ECOSOC and Parliament:

(a)    Draft Law on mandatory health-care oversight of workers professionally exposed to asbestos. This draft legislation proposes a methodology for follow-up on the medical status of workers exposed to asbestos, a board for follow-up of these cases and another board responsible for the implementation of the diagnostic procedure.

(b)    Draft Rules on health-care oversight of workers professionally exposed to asbestos and the diagnostic criteria for determining a list of professional diseases caused by asbestos (important issue of concern: the criteria used for diagnosis).

(c)    Draft Law on reimbursement of the insurance claims of workers professionally exposed to asbestos. This draft Law will regulate the recognition of claims by workers for diseases caused by asbestos, the procedure to be followed and the body responsible for administering claims. The draft Law will also provide for an alternative dispute settlement mechanism that will be more expeditious and will allow for out-of-court settlement in respect of claims filed by workers occupationally exposed to asbestos.

(d)    Draft Law on conditions for acquiring the right to an old-age pension for employees who are professionally exposed to asbestos. This draft sets out special conditions for acquiring an old age pension in the case of workers who have been exposed to or who have became ill from asbestos and whose employment has been terminated due to redundancies or as a result of the closure of the business due to the ban on asbestos.

(e)    Draft Regulation on the manner and procedures for managing waste containing asbestos.

Legislative measures

The mission was informed that the above five proposed legislative measures were pending due to budgetary constraints or were awaiting budgetary analysis. The mission noted that the legislative approach taken is fragmented, instead of being a single integrated legislative framework. This might make it difficult for the workers concerned to know and understand each of these legislative texts. However, the mission was aware that these various texts have been under discussion for some time. The mission proposed that the legislative texts should include provisions on sanctions to enhance enforcement and should also contain expedited and affordable appeal procedures.

The mission considered that the various legislative measures were long overdue and that it was now urgent to take them forward based on tripartite consultation and that they should be submitted to Parliament without delay. Failure to implement these measures would fall short of full compliance with Convention No. 162 by Croatia and leave unprotected the workers who have been exposed to asbestos, many of whom have already died, are dying or ill. The five pending legislative provisions have been discussed and promised for a long time and they can no longer be delayed. These measures need to be taken this year (2007) (they were promised last year). Justice delayed is justice denied.

Institutional measures

The mission met and discussed with all the relevant line ministries and they were all very forthcoming with information. The mission was also aware that working groups and coordination bodies have been set up in the past to take forward various legislative and practical measures. The mission remained, however, concerned by what continued to be major gaps in coordination, both within ministries and between them. This probably reflected competencies and institutional issues which needed to be addressed. Reporting of occupational diseases has been a major and important area where the consequences of this lack of clear lines of authority or reporting have had a major impact, particularly on the lives of individuals. It is now urgent that there be put in place clear and transparent criteria for diagnosing occupational diseases and clear lines of reporting of occupational diseases from the enterprise via the local and on to the national level. The absence of clarity in this area has had an irreparable impact on the reliability of data and statistics concerning persons affected by asbestos-related diseases. The mission did not meet the Ministry of Finance, a key ministry for taking forward almost all of these measures which could avoid or reduce the delay currently being experienced. The mission, however, also understood that it is also an issue of priority for each of the line ministries concerned in the allocation of their own resources.

Urgent measures for workers affected by asbestos at Salonit-Vranjic and Azbest

The mission had the opportunity to visit the site of the Salonit-Vranjic factory and to benefit from a first-hand view of the current conditions prevailing, as well as information on the working methods and procedures of the factory when it was operational. The mission’s assessment is that, in view of the working methods of the factory, there is no room for doubt that the workers of that factory have been exposed to asbestos and that their disease is occupational. Considering that the age group of many of the workers affected by asbestosis today is above 50 and most of them had worked for more than 25 years in plants producing asbestos products, that they are ill, that the companies they have worked for have been closed or gone bankrupt, that most of them have not been able to benefit from an invalidity pension under the applicable legislation, and that every day their health situation further deteriorates, it has become not only urgent but also imperative that action be taken without delay to ensure that these workers benefit from appropriate care and protection, as well as compensation. The mission urged the Government to take action without delay, particularly since the workers who currently benefit from contracts with the Environment Fund are expected to cease receiving further benefits at the end of April 2007. It is now urgent that the draft Law on conditions for acquiring the right to old-age pensions for employees who have been professionally exposed to asbestos are submitted to ECOSOC and subsequently to Parliament for adoption. The mission considered this to be the first action to be prioritized. An alternative would be the urgent adoption of a special decree providing for the specific situation of the workers concerned.

The mission also recommended that action be stepped up as a matter of urgency to decontaminate the premises and to rehabilitate them prior to their use for any other activity, so that workers who are employed in those premises can benefit from a safe and healthy working environment. The mission also emphasized the urgency in view of the asbestos waste stored on the site and its impact more generally on the environment and the community living in the area. This measure should also be applicable to all other sites where asbestos products have been produced and other waste disposal sites where asbestos products have been deposited.

Judicial measures

Paying due regard to the principle of the separation of powers and the independence of the judiciary as essential for the rule of law, it is nonetheless important that legal claims for asbestos-related diseases be heard expeditiously and judicial decisions handed down in a timely manner. The situation of these workers does not permit lengthy hearings. It is for this reason that the mission also recommended that the adoption of the draft Law on reimbursement of the insurance claims of workers professionally exposed to asbestos be prioritized.

Preventive measures

In more general terms, the mission also highlighted the importance of prevention and the need for a comprehensive safety and health prevention plan. The mission recommended the adoption of a national policy on OSH on the basis of the ILO Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). More specifically, in the case of asbestos, an awareness-raising campaign should be launched targeting workers in sectors where asbestos products may be encountered, in particular, the construction, ship repair, ship scrapping and port sectors. The Office for Social Partnership should play a key role in this area, as well as in the adoption of the national policy on OSH. This would allow for the involvement of employers’ and workers’ organizations in promoting OSH.

ILO action

The International Labour Office remains ready and willing to continue to assist the Government to comply fully with Convention No. 162 and, more specifically, in implementing the various measures referred to above. It is willing to provide technical assistance concerning legislative reviews, training and capacity building for the tripartite constituents in the field of OSH and, in particular, as regards Convention No. 162. In the latter area, the training would cover criteria for determining occupational disease caused by asbestos in line with the most up to date ILO guidelines in the field. The ILO Office in Budapest would continue to be in close cooperation with the Government.

7. The Committee hopes that the Government will take the necessary measures to give effect to the recommendations made by the mission and to ensure full compliance with the Convention.

[The Government is asked to supply full particulars to the Conference at its 97th Session and to reply in detail to the present comments in 2008.]