Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

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

The Committee takes note of the comments made by the Association of Workers Affected by Asbestosis-Vranjic, alleging the lack of substantial changes in the national legislation and practice to ensure that effect is given to the provisions of this Convention. In the view of the Association of Workers Affected by Asbestosis-Vranjic, the Government failed to make any significant effort in this respect. They claimed in particular shortcomings with regard to the carrying out of inspections. According to the Association, inspectors appear not to have adequate technical equipment at their disposal to measure the concentration of asbestos at workplaces. The Committee notes the comments transmitted by the Government in response to the matters raised by the Association of Workers Affected by Asbestosis-Vranjic, which the ILO received on 22 November 2004. The Government, for its part, while recognizing certain discrepancies between the requirements set out in the Convention and the Croatian legislation, indicates that a draft Law concerning the Production of and Trade in Asbestos Products in Croatia, has been elaborated, which contains provisions concerning the problems related to the processing of asbestos, such as the prohibition of the production and sale of asbestos products and the transition to non-asbestos production, the entitlement to old-age pensions for workers who have been exposed to asbestos in the course of their work, the granting of compensations for injuries, etc. The draft has been submitted to all interested in the settlement of the problem for their opinion. Moreover, the Government affirms its intention to elaborate draft regulations to harmonize national legislation with the Convention. The Committee, while hoping that the above draft Law will be adopted in the near future, would recall that the most representative organizations of employers and workers concerned need to be consulted on the legislative text before its adoption. With regard to inspections, the Government indicates that inspections are carried out on a regular basis. The Government confirms, however, that inspectors have called, in May 2004, for measures to be taken with regard to the stated incorrect deposit of asbestos waste, which caused the release of asbestos dust into the air of the working environment and that, in July 2004, the inspectors issued a ruling obliging the employer to cover temporarily stored asbestos with an impermeable foil. The Committee hopes that the Government will continue to take practical measures on a regular basis.

The Committee finally notes the discussions in the Conference Committee on the Application of Standards in June 2003. The Committee urges the Government to take the necessary measures to proceed to the adoption of the draft Law concerning the Production of and Trade in Asbestos Products in Croatia, and to elaborate, without further delay, the announced draft regulations to harmonize national legislation with the Convention, which prescribe the specific measures to be taken for the prevention, control of and protection of workers against health hazards due to occupational exposure to asbestos, in conformity with the provisions of the Convention. With respect to the elaboration of draft regulations, the Committee wishes to remind the Government of the possibility to have recourse to the technical assistance of the ILO. The Committee further would underline the need for taking the necessary measures quickly, as for example the apparent handling of asbestos waste seems to jeopardize not only the health of workers exposed, but also the health of the general public which comes into contact with asbestos released into the air due to the incorrect handling of asbestos waste.

The Committee will re-examine the matters raised by the Association of Workers Affected by Asbestosis-Vranjic in detail as well as the comments supplied by the Government thereon at its next session, in the light of the information provided by the Government in its next report.