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The Committee notes with interest the information provided by the Government in its latest report indicating recent legislative amendments, including rules on the protection of workers from risks of exposure to carcinogenic or mutagenic substances (No. 101/05), and rules on preventive health examinations of workers (No. 124/06), which give further effect to the provisions of the Convention. The Committee asks the Government to supply copies of these rules with its next report, and to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 1, paragraph 2, of the Convention. Derogations from the prohibition against occupational exposure to carcinogenic substances. The Committee notes the Government’s statement that the latest rules on the protection of workers from risks of exposure to carcinogenic or mutagenic substances annul the previous Rule No. 38/00 of 25 May 2000. The Committee asks the Government to indicate whether Rule No. 101/05 provides for the granting of exceptions from the interdiction of carcinogenic substances, and if so, to specify the criteria that govern the granting of such exceptions.

Article 5. Post-medical examination of workers. The Committee notes the information provided by the Government indicating that access to health examinations upon the termination of employment, are provided for within the public health system which covers all citizens of the Republic of Slovenia. The Committee asks the Government to provide further information on measures undertaken or envisaged to promote medical check-ups, within the public health system, to employees after exposure to carcinogenic substances, in order to fully apply Article 5 of the Convention. Furthermore, the Committee, referring to its previous comments, asks the Government to indicate whether the new Rules on the protection of workers from risks of exposure to chemical substances at work requires the Minister responsible for labour to publish practical guidelines in the official Gazette of the Republic of Slovenia for the implementation of health surveillance and biological monitoring of workers who have been exposed to hazardous chemical substances for which binding limit values have been established, and, if so, the Committee reiterates its requests that the Government indicate whether such guidelines have been issued and to supply a copy of them with its next report.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Government indicating that in the course of inspections between 2005–06, it was established that a considerable number of employers had successfully replaced carcinogenic or mutagenic substances with less hazardous chemical substances, and that closed systems had been introduced in almost all cases where carcinogenic or mutagenic substances are used. The Committee also notes the Government’s statement that these inspections have also highlighted that employers do not keep records and fail to regularly update their lists of workers exposed to carcinogenic or mutagenic substances. The Committee asks the Government to provide information on measures taken or envisaged to address the lack of recording, by employers, of workers exposed to carcinogenic or mutagenic substances; to provide statistical information on the number of occupational diseases reported; and to continue to provide information on the application of the Convention in practice.

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The Committee notes the information supplied by the Government in response to its comments. It notes with interest the adoption of the Regulation on protection of workers from risks of exposure to chemical substances at work, 2001, which entered into force on 1 January 2002. The Committee notes in particular article 14 of the above Regulation, requiring the Minister responsible for labour to publish practical guidelines in the Official Gazette of the Republic of Slovenia concerning standardized methods for measurement and assessment of the concentration of hazardous chemical substances in the air at workplaces; determination and assessment of risks, including their review; safety and preventive measures for work with hazardous chemical substances; safe handling of individual groups of hazardous chemical substances; and concerning the substitution of hazardous chemical substances by less or non-hazardous substances. The Committee requests the Government to indicate whether such guidelines have been issued and, if so, to supply a copy of them with its next report. With reference to its previous comments, the Committee would draw the Government’s attention to the following points requiring additional information.

1. Article 1, paragraph 2, of the Convention. Derogations from the interdiction of carcinogenic substances. The Committee notes with interest article 11, paragraph 2, of the Regulation on protection of workers from risks of exposure to chemical substances at work, 2001, providing for criteria to be applied when granting exceptions from the prohibition spelled out in article 11, paragraph 1, concerning the production, processing and use of chemical substances stated in Annex III. The Committee requests the Government to indicate whether these criteria are also applicable with regard to the granting of exceptions from the prohibition of certain carcinogens and/or mutagens set forth under Annex II, item 1, to Rule No. 38/00 of 25 May 2000 on the protection of workers against the risks of exposure to carcinogens and/or mutagens.

2. Article 5. Post-medical examination of workers. The Committee takes note of the adoption of the Rules on preventive health examinations of workers of 17 October 2002. It notes that, under these Rules, the employer is obliged to submit workers to preventive medical examinations who had an extended break in exposure to mutagenic, teratogenic and carcinogenic substances and other harmful influences with cumulative, delayed or long-term effects. The Committee understands that these medical examinations are carried out with a view to re-employ a worker who was exposed to the above substances. Hence, it would appear to the Committee that this type of medical examination would be more related to pre-employment medical examinations. However, no provision seems to exist providing for post-employment medical examinations of workers exposed. The Committee accordingly requests the Government to take the necessary measures to include provisions on post-employment medical examinations of workers into the Rules on preventive health examinations of workers of 17 October 2002, in conformity with Article 5 of the Convention. The Committee further notes article 15 of the Regulation on protection of workers from risks of exposure to chemical substances at work, 2001, requiring the minister responsible for labour to publish practical guidelines in the Official Gazette of the Republic of Slovenia for the implementation of health surveillance and biological monitoring of workers who have been exposed to hazardous chemical substances for which binding limit values have been established in Annex II of this Regulation. The Committee requests the Government to indicate whether such guidelines have been issued, and, if so, to supply a copy of them with its next report.

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The Committee notes the information supplied with the Government’s detailed report in response to its previous comments. It notes with interest the adoption of Rule No. 38/00, of 25 May 2000, on the protection of workers against the risks of exposure to carcinogens and/or mutagens which give effect to the provisions of Article 1, paragraphs 1 and 3, Articles 2, 3 and 4 of the Convention. The Committee further notes with interest the Government’s indication that rules on boundary values in occupational exposure to dangerous substances and rules on preventive medical examinations of workers are being drawn up. It requests the Government to communicate a copy of them as soon as they have been adopted.

With reference to its previous comments, the Committee draws the Government’s attention to the following points requiring additional information.

1. Article 1, paragraph 2, of the Convention. The Committee notes that pursuant to section 1, subsection 3, in conjunction with section 63 of Health and Safety at Work Act No. 56/99, of 13 July 1999, executive regulations in the field of occupational safety and health are to be issued by the minister responsible for labour and the ministers to whose jurisdiction the respective regulation relates within 12 months after the Health and Safety at Work Act came into force. To this effect, Rule No. 38/00, of 25 May 2000, on the protection of workers against the risks of exposure to carcinogens and/or mutagens have been adopted, which determine in particular the employer’s obligations concerning safety and health at work in relation to workers who come into contact with carcinogens or mutagens. With regard to the determination of carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control, the Committee notes that Appendix I to Rule No. 38/00 contains a list determining the carcinogenic and/or mutagenic substances and their limit values. It further notes that Appendix III, item 1, to Rule No. 38/00 provides for the prohibition of certain substances with the possibility to grant certain exceptions from the general interdiction (substances under item 3). The Committee requests the Government to specify the criteria established for granting exceptions from the prohibition of certain carcinogens and/or mutagens set forth under Appendix II, item 1, to Rule No. 38/00.

2. Article 5. The Committee notes section 32, subsection 1, of Rule No. 38/00 requiring the employer to provide for pre-employment medical examinations of workers assigned to work involving exposure to carcinogens and/or mutagens. Pursuant to subsection 2, periodic or targeted preventive medical examinations must be provided to workers whose work involves exposure to carcinogens and/or mutagens, of which the periodicity is fixed by special provisions. Section 32, subsection 3, finally stipulates that the health of workers must be monitored in conformity with the doctrine and practice of occupational medicine. In addition, according to section 37 of the above Rules, the qualified physician or the competent authority may request for supplementary medical examinations of all workers exposed in the case that the state of health of one worker shows changes which are suspected to be a consequence of his exposure. The Committee requests the Government to explain more in detail the monitoring of workers’ health according to the doctrine and practice of occupational medicine to which section 32, subsection 3, of Rule No. 38/00 refers. The Committee further notes that there does not seem to be a provision providing for post-employment medical examinations of workers. It therefore asks the Government to take the necessary measures to ensure that workers are provided with medical examinations or biological or other tests or investigations as well after the cessation of their employment involving exposure to carcinogens and/or mutagens. To this effect, the Committee invites the Government to consider the possibility to include provisions on post-employment medical examination of workers into the rules on preventive medical examinations of workers, which are currently being drawn up. In this context, the Committee wishes to underline the specific importance of post-employment medical examinations of workers. The inclusion of post-employment medical examinations, as necessary, to evaluate the exposure to carcinogenic substances or agents and to supervise the state of health of the worker in relation to occupational hazards was intended to respond to the not uncommon situation wherein cancer was not detected until after the worker has terminated the employment involving exposure. In the light of these explanations, the Committee hopes that the Government will soon take the necessary measures to ensure that workers are provided with medical examinations or biological or other tests or investigations not only before and during the period of employment, but as well as after the cessation of their employment involving exposure to carcinogens and/or mutagens as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards, in order to give full effect to Article 5 of the Convention.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied in the Government’s report.

Article 6(a) of the Convention. The Committee notes the Government’s indication according to which the field of occupational exposure to carcinogenic substances and agents is not sufficiently covered by national legislation and regulations, as the Safety at Work Act contains only general provisions. The Committee notes, however, with interest that a by-law on safety at work with respect to carcinogenic substances and agents is being prepared and will be adopted in the near future. It also notes with interest that a special working group, composed of representatives of the Ministry of Labour, Family and Social Affairs, the Ministry of Environment and Physical Planning and experts of professional institutions has been established to prepare the basis for a legislation on dangerous substances. The Committee hopes measures will be taken, in consultation with the most representative organizations of employers and workers concerned, as called for in Article 6(a) of the Convention, to ensure that effect is given to the following provisions of the Convention: Article 1 (periodical determination of carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control); Article 2 (replacement of carcinogenic substances and agents by others less harmful and reduction of the duration of exposure and the number of workers exposed); Article 3 (special measures of protection against the risks of exposure and establishment of a system of records); Article 5 (medical or biological examinations of workers concerned during the period of employment and thereafter as necessary). The Committee requests the Government to provide information on progress made in this respect and a copy of the relevant legislation when it is adopted.

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The Committee notes the information supplied in the Government's report.

Article 6(a) of the Convention. The Committee notes the Government's indication according to which the field of occupational exposure to carcinogenic substances and agents is not sufficiently covered by national legislation and regulations, as the Safety at Work Act contains only general provisions. The Committee notes, however, with interest that a by-law on safety at work with respect to carcinogenic substances and agents is being prepared and will be adopted in the near future. It also notes with interest that a special working group, composed of representatives of the Ministry of Labour, Family and Social Affairs, the Ministry of Environment and Physical Planning and experts of professional institutions has been established to prepare the basis for a legislation on dangerous substances. The Committee hopes measures will be taken, in consultation with the most representative organizations of employers and workers concerned, as called for in Article 6(a) of the Convention, to ensure that effect is given to the following provisions of the Convention: Article 1 (periodical determination of carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control); Article 2 (replacement of carcinogenic substances and agents by others less harmful and reduction of the duration of exposure and the number of workers exposed); Article 3 (special measures of protection against the risks of exposure and establishment of a system of records); Article 5 (medical or biological examinations of workers concerned during the period of employment and thereafter as necessary). The Committee requests the Government to provide information on progress made in this respect and a copy of the relevant legislation when it is adopted.