Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Croatia (Ratification: 1991)

Legislation. The Committee notes the brief report submitted by the Government and the further regulation of measures to be taken for the prevention and control of, and protection against occupational hazards in the working environment due to noise pollution and vibration pursuant to Articles 4 and 8 of the Convention by the adoption of the Ordinance on Protection of Workers from Exposure to Noise at Work (NN 46/08) and the Ordinance on Protecting Workers from Risks Arising from Exposure to Vibration at Work (NN 115/08). The Committee notes, however, that the Government did not provide the texts requested in its previous comment. In order to enable the Committee to better appreciate the effect given to this Convention in the country, the Committee again requests the Government to transmit copies of legislation relevant for the implementation of the Convention in one of the working languages of the ILO, if possible, including the following texts:

• -the Noise Act (NN 20/05);
• -rules of rendering first aid to workers at workplaces (NN 56/83);
• -rules of establishing the general and special health fitness of workers and the fitness of workers for work under special working conditions (NN 3/84 and 55/85);
• -rules on jobs with special working conditions (NN 5/84);
• -rules on occupational safety and health concerning working and auxiliary premises and sites (NN 6/84, 45/84 and 42/05);
• -rules on occupational safety and health in work with substances containing polychlorinated biphenyl, polychlorinated naphthalene and polychlorinated terphenyl (NN 7/89);
• -rules on maximum permissible concentrations of harmful substances in the atmosphere of working premises and areas and on biological threshold values (NN 92/93);
• -rules on risk assessment (NN 78/97);
• -rules on preparing a risk assessment (NN 48/97, 114/02 and 126/03);
• -rules on the conditions in which legal entities may engage in work safety activities (NN 114/02 and 126/03);
• -rules on testing the working environment and the machines and appliances posing heightened risks (NN 114/02 and 126/03);
• -rules on maximum permissible noise levels in human working and living environments (NN 145/04);
• -rules on occupational safety in manual transportation of freight (NN 42/05); and
• -rules on occupational safety and health in work with computers (NN 69/05).

Article 11(1) of the Convention. 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 provisions in section 12 of NN 46/08 and in section 9 of NN 115/08, which both appear to provide for health surveillance in situations where workers exposed to occupational hazards due to noise and vibration have been exposed to noise or vibration in excess of the established limited values or have suffered damage due to noise or vibration in the course of their work. The Committee would like to draw the Government’s attention to the fact that the Convention also requires that measures be taken to ensure that workers who are exposed or liable to be exposed to occupational hazards due to noise and vibration be subject to periodical health surveillance, not only in cases when values have been exceeded or damage has been established. The Government is requested to provide further information on measures taken to ensure a full application of this provision in the Convention.

Article 11(3)–(4). Provision of alternative employment, the right to maintain income, social security benefits or social insurance. The Committee notes that the Government’s report contains no response to the questions raised in the Committee’s previous comment. It further notes that according to section 9 of NN 115/08 the employer is required “to take into account” “the possibility of assigning [workers who are found to have hearing damage or an identifiable disease or adverse health effect due to vibration] to alternative work”. The Committee reiterates that the Convention provides that a transfer to alternative employment is required when continued assignment is considered medically inadvisable, that is before any damage has occurred. Furthermore, there is no information, regarding the right of transferred (but not necessarily injured) workers to maintain their income and to avoid their rights under social security or social insurance legislation being adversely affected. The Committee requests the Government to provide further information on measures taken to give full effect to this provision of the Convention.

Article 12. Notification to the competent authority. The Committee notes that the report is silent on the question regarding the absence of information on the requirement that a competent authority shall be notified of the use of processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards due to air pollution. The Committee again requests the Government to provide information on measures taken to give effect to this provision of the Convention.

Part V of the report form. Application of the Convention in practice. The report is silent on this matter. The Committee again requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, taking into consideration the abovementioned provisions. Please include extracts from the reports of inspection services, and available information on the number of employed persons covered by the relevant legislation, disaggregated by sex, if possible, and the number and nature of contraventions reported.