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

Benzene Convention, 1971 (No. 136) - Croatia (Ratification: 1991)

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

1. Article 2, paragraph 1, of the Convention. The Committee notes that section 18 of the Law on Safety and Health Protection at the Workplace obliges the employer to make a risk assessment regarding the use of dangerous substances. According to section 46, subsection 2, of the same Law, dangerous substances can be used only if the same work result cannot be achieved by using other non-dangerous substances. Thus, 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 would recall Article 2, paragraph 1, of the Convention, providing for the use of harmless or less harmful substitute products instead of benzene whenever they are available. It would therefore ask the Government to indicate, in its next report, the measures taken or contemplated to ensure that, in cases where there is a reasonable substitute product, benzene or products containing benzene are indeed replaced by such products.

2. Article 4, paragraph 2. The Committee would request the Government to specify the work processes in which the use of benzene or products containing benzene are prohibited.

3. Article 6, paragraph 1. The Committee notes the Government's indication to the effect that benzene is processed either in an enclosed system or with appropriate ventilation in order to keep its concentration below the maximum limits fixed in the Annex to the Rules on Maximum Concentration of Harmful Substances in the Atmosphere of Working Premises and Areas and on Biological Marginal Values. To the understanding of the Committee, it seems that ventilation is used to evaporate benzene vapours already escaped into the air. The Committee would point out that Article 6, paragraph 1, of the Convention calls for measures to prevent escape of benzene into the air of places of employment. It accordingly would request the Government to indicate the measures taken or envisaged to ensure that effect is given to this provision of the Convention.

4. Article 9, paragraph 1. The Committee notes section 36, paragraph 1, of the Law on the Safety and Health Protection at Workplaces, 1996, providing for periodical medical examinations during the employment of workers assigned to work with particular working conditions which includes the exposure to harmful substances. The frequency of these examinations are to be determined in occupational safety and health regulations. In this respect, section 34, subsection 3, of the above-mentioned Law prescribes that the manner, type and deadlines for examining a worker's capabilities for an assignment with particular working conditions is to be determined by the Minister of Labour and the Minister of Health. Moreover, the Committee notes that section 113, subsection 1, of the Law on Safety and Health Protection at the Workplace requires the designated Minister to adopt regulations for the implementation of the Law within one year following the entry into force of the law. Furthermore, section 113, subsection 2, of this Law provides that the regulations which entered into force under the former Law on Safety and Health Protection at Workplaces (Official Gazette, Nos. 19/83, 17/86, 46/92, 26/93 and 29/94) and which do not contravene the provisions of this law, remain valid until the regulations referred to in section 113, subsection 1, of this Law enter into force. In this regard, the Committee also notes the Government's indication according to which the Rules on Jobs with Special Working Conditions of 1984 provide for periodical medical examinations as well as for pre-employment medical examinations. In view of the provision of section 113, subsections 1 and 2, of the Law on Safety and Health Protection at Workplaces, the Committee would request the Government to indicate whether the Rules on Jobs with Special Working Conditions, 1984, is still in force and, if that is the case, it requests the Government to provide a copy of these Rules for further examination.

5. Article 11, paragraph 1. The Committee notes that section 39, subsection 2, of the Law on Safety and Health Protection at the Workplace prohibits the exposure of nursing mothers to particular substances, products and vapours enumerated in this paragraph. Since benzene and products containing benzene are not mentioned, it appears to the Committee that exposure to benzene and products containing benzene is not prohibited for nursing mothers. The Committee recalls that Article 11, paragraph 1, of the Convention prohibits, inter alia, the employment of nursing mothers in work processes involving exposure to benzene or products containing benzene. The Committee therefore would request the Government to indicate the measures taken or envisaged to ensure that full effect is given to this provision of the Convention.

6. Finally, the Committee requests the Government to supply with its next report a copy of the Trade of Poisons Act, No. 53/91; the Rules on Means of Personal Protection at Work and Personal Protection Equipment, No. 53/91; the Rules on Labelling the Poisons in Trade on the Domestic Market and the Rules on Occupational Safety and Health Measures and Standards related to Instruments of Work, No. 53/91.