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

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

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.