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

Croatia

Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 1991)
Occupational Health Services Convention, 1985 (No. 161) (Ratification: 1991)
Asbestos Convention, 1986 (No. 162) (Ratification: 1991)

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 Conventions Nos 155 (OSH), 161 (occupational health services) and 162 (asbestos) together.

A. General provisions

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

Application of the Convention in practice. The Committee notes the data provided by the Government in its report related to notifications of accidents at work, including the total number of fatalities at work and the overall accident rate by branch of activity. The Committee notes that the total number of recorded cases of occupational diseases increased between 2020 and 2022, with 264 in 2020, 1,700 in 2021 and 1,370 in 2022. According to the information provided by the Government, the rise in occupational diseases in 2021 and 2022 was related to the COVID-19 pandemic, which corresponded to the cause of almost 95 per cent of recognized occupational diseases in the period. The Committee requests the Government to pursue its efforts to ensure the application of ratified OSH Conventions and to continue to provide statistics on the occupational accidents and cases of occupational diseases.

Occupational Health Services Convention, 1985 (No. 161)

Article 5(a), (b), (c), (d), (e), (g), (h), (i) and (k) of the Convention. Functions of occupational health services. The Committee notes with interest the information provided by the Government, concerning the adoption of ordinances concerning various risks, which set out the functions of occupational health services. The Ordinance on the protection of workers from exposure to dangerous chemicals at work, exposure limit values, and biological limit values (No. 91/18) stipulates that a risk assessment in workplaces where workers are exposed to hazardous chemicals should take into account, where possible, conclusions resulting from the health surveillance of workers to be carried out by an occupational health specialist. The Ordinance specifies that health surveillance includes a workplace tour. The Ordinance on the protection of workers from risks due to exposure to biological agents at work (No. 129/20) establishes conditions for mandatory health surveillance, to be conducted by the competent occupational health specialist or another authorized body, and specifies that the specialist or body should also propose all necessary protective or preventive measures for the workers covered by health surveillance. The Ordinance on the protection at work of workers exposed to stato-dynamic, psycho-physiological, and other efforts at work (No. 73/21) provides that when a major psycho-social risk has been assessed in the risk assessment, occupational health specialists and, if necessary, psychologists should participate in the development and implementation of preventive measures. These specialists should also participate in the education of workers on the prevention of such risks and should take appropriate measures when they notice signs and symptoms of diseases that may be caused by these risks. The Ordinance provides that, through a specialist in occupational medicine, the employer should ensure that workers are informed of certain health risks. The Committee requests the Government to indicate if the specialists of the Occupational Medical Service perform any of the functions outlined in Article 5(d) (testing and evaluation of new equipment), (g) (adaptation of work), (h) (vocational rehabilitation) and (k) (analysis of accidents and diseases).

B. Protection from specific risks

Asbestos Convention, 1986 (No. 162)

Effective compensation of workers of the Salonit factory. In response to the previous comment on the appeals lodged against the compensation claims by the workers of the Salonit factory, the Committee notes the Government’s indication that the Commission for Settlement of Compensation Claims of Workers Suffering from Occupational Diseases Due to Exposure to Asbestos as of 13 July 2023 had received 2,028 compensation claims in total and settled all claims. The Committee notes this information, which responds to the question raised in its previous request.

The Commission for Settling Claims for Compensation by Workers Suffering from Occupational Diseases Due to Exposure to Asbestos. The Committee notes the information provided by the Government that the current Commission, appointed by the Government on 13 December 2018, received 297 requests, of which 260 were deemed to be well-founded, 34 deemed unfounded and 3 requests were withdrawn. It also notes the Government’s indication that the website of the Croatian Health Insurance Fund contains instructions on how to submit a request for compensation. The Committee notes this information, which responds to the request made in the last comment.

Application of the Convention in practice. Following its previous comments, the Committee notes the information provided by the Government that, according to data collected between 2018 and 2022, the numbers of diseases related to exposure to asbestos is declining overall, from 57 cases in 2018 to 45 cases in 2022. The Committee requests the Government to continue to provide information regarding the application in practice of the Convention, including the implementation of the prohibition on the usage of asbestos and asbestos-containing materials in Croatia and the number of occupational diseases reported.

The Committee is raising other matters in a request addressed directly to the Government.