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Further to its observations, the Committee requests the Government to provide additional information on the following points.

Article 7, paragraph 1. Measures to require workers to comply with safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration in the working environment. The Committee notes the information provided by the Government indicating the numerous provisions which state the obligations on the employer with regards to the safety and health of their workers in the workplace. The Committee asks the Government to indicate the provisions requiring workers to comply with safety procedures against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8, paragraph 2. Elaboration of criteria and determination of exposure limits shall take into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned. The Committee notes the information provided by the Government indicating that representatives of employers and workers are directly involved in the process of creating regulations in the field of health and safety and work. The Committee reiterates its request that the Government indicate whether the opinions of technically competent persons, designated by the most representative organizations of employers and workers concerned, were taken into account in the elaboration of the criteria and the determination of the exposure limits to air pollution, noise and vibration at work.

Article 11, paragraph 3. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee notes that section 11 of the Health and Safety Act, 1999, states that work-related health impairment may not affect an employee’s pay nor encroach upon their economic and social status acquired through work. The Committee also notes that section 15(4) of the Rules on protection of workers from risks related to exposure to noise at work, and section 10 of the Rules on protection of workers from risks related to exposure to vibration at work, state that where a medical practitioner advises the employer of adverse effect on the worker’s health caused by exposure to noise or vibration, the employer should, inter alia, consider the possibility of transferring the worker to another workplace, which does not entail the risk of further exposure. Furthermore, the Committee notes the information that, under section 91 of the Pension and Disability Insurance Act, an insuree who can work full-time in their profession but is unable to work in the working place to which they have been assigned, obtains the right to reassignment, and has the right to a disability benefit (section 92). The Committee asks the Government to provide information on measures taken or envisaged to ensure that an employer must consider the possibility of transferring a worker whose continued assignment to work involving exposure to air pollution is found to be medically inadvisable; and to provide information on the application of sections 91 and 92 of the Pension and Disability Insurance Act in practice.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government stating that, according to the 2008 annual report of the labour inspectorate, irregularities identified during inspections are often due to insufficient awareness by workers and employers with regards to hazardous and noxious substances. The Committee also notes the information indicating that there is a need to promote the hazards of vibration at the workplace given the lack of practice in this area, except in occupations where such a hazard is obvious, for example forestry work and wood processing. The Committee asks the Government to provide information on measures taken or envisaged to address the lack of awareness in workplaces on hazards from the use of noxious substances, and from vibration; and to continue to provide information on the application of the Convention in practice.

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The Committee notes with satisfaction the information provided by the Government indicating the adoption of Rules on the protection of workers from risks related to exposure to vibration at work (No. 94/2005); recent legislative amendments to the Rules on the protection of workers from risks related to exposure to chemical substances at work (No. 53/2007), and the Rules on the protection of workers from risk related to exposure to noise at work (No. 18/2006) which indicate effect given to Article 3, Article 4, Article 8(1) and (3), Article 9, Article 12 and Article 15 of the Convention.

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

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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 provided in the Government’s latest report. In particular it notes the enactment of the Labour Inspection Act of 20 June 1994, as amended on 21 May 1997 (Official Gazette of the Republic of Slovenia, No. 56/99), and the Health and Safety at Work Act of 30 June 1999 (Official Gazette of the Republic of Slovenia, No. 38/94 and 32/97), as well as the steps undertaken to specify the requirements on the safety statement prescribed in section 14 of the Health and Safety at Work Act. The Government is requested to keep the Office informed on any further specific regulations adopted or envisaged regarding air pollution, noise and vibration at the workplace which might ensure the practical implementation of the measures prescribed in the legal frame of the Health and Safety at Work Act and the Labour Inspection Act, including those adopted or envisaged to replace the regulations which, according to section 65 of the Health and Safety at Work Act, shall be applied until new regulations will have been adopted. The Committee hopes the Government will supply copies of such texts adopted as well as of any relevant collective agreements, in order to enable it to assess the extent to which the Convention is applied. The Government is requested to supply further information in its next report on the following points.

Article 3 of the Convention. The Committee would be grateful if the Government would indicate whether there are provisions of national laws or regulations that define the terms "air pollution", "noise" and "vibration". With respect to the term "noise", the Committee notes the information provided by the Government that regulations on safety and health in the event of dangerous noise are in preparation. The Committee hopes that the Government will take this opportunity to define the term "noise" in accordance with the definition provided in the Convention. Please provide a copy of the regulations when they are adopted.

Article 4. The Committee notes the provisions of the Health and Safety at Work Act concerning the employer’s responsibility for compliance with prevention, control and protection measures in order to ensure health and safety at work (sections 5, 6, 14 of the Act). The Government is requested to indicate any laws or regulations which prescribe such measures against occupational hazards in the working environment due to air pollution and vibration.

Article 7, paragraph 1. The Committee notes that section 36 of the Health and Safety at Work Act provides for the general obligation of employees to observe prescribed safety measures. Please indicate the provisions requiring workers to comply with safety procedures against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8, paragraph 1. Exposure to noise. The Committee notes that according to section 65 of the Health and Safety at Work Act the regulations on General Measures and Standards concerning Noise at Work Premises of 8 July 1971 (Official Gazette of the SFR of Yugoslavia, No. 29) will remain in force until the new Rules on Safety and Health at Work in relation to Dangerous Noise will be adopted. The Government is requested to keep the Office informed on any developments in this respect and to provide a copy of any new text adopted.

Exposure to air pollution and vibration. The Government is requested to indicate the measures taken or envisaged to elaborate criteria for determining the hazards of exposure to air pollution and vibration.

Article 8, paragraph 2. Please indicate whether the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account in the elaboration of the criteria and the determination of the exposure limits to air pollution, noise and vibration at work.

Article 8, paragraph 3. Please indicate whether the criteria and exposure limits are established, supplemented and revised in light of current national and international knowledge and data, and whether account is taken of any increase of occupational hazards resulting from simultaneous exposure to several harmful factors.

Article 9. The Committee understands that, with respect to noise, the rules which at the date of the latest report, were still in preparation, shall provide technical and supplementary organizational measures which are applicable to new and existing plants as well as to processes in design or installation and to existing processes. Please keep the Office informed in this regard and please provide a copy of the adopted text. The Committee notes that the Government’s report gives no further particulars in reply to its previous comments concerning the Act respecting Fundamental Rights arising out of the Employment Relationship of 8 September 1989 (Official Gazette of the SFR of Yugoslavia, No. 921). The Committee therefore hopes that the next report will indicate whether the Act is still in force. If this is the case, the Government is requested to indicate which administrative agency is competent for work operations and prescribes the measures and standards for protection at work in technological work processes, according to section 38 of the Act. The Government is also requested to provide copies of any texts which set forth supplementary organizational measures to keep the working environment free from hazards due to air pollution, noise and vibration, as far as possible, either as prescribed by the abovementioned agency under section 38 of the Act or as provided for in public instruments or collective agreements, to be applied by the organization or the employer, according to section 36 of the Act.

Article 11, paragraph 3. The Committee notes that an employee may work at a workplace or in conditions in which he is exposed to increased danger of injury or health impairment under conditions specified in special regulations and on [the] basis of professional assessment (section 35 of the Health and Safety at Work Act). The Government’s report, however, contains no information on the questions already raised in the Committee’s previous comments concerning section 48 of the Act respecting Fundamental Rights arising out of the Employment Relationship of 8 September 1989 (Official Gazette of SFR of Yugoslavia, No. 921). Section 48 of this Act provides that a worker with reduced working capacity and a worker employed on tasks where there is a risk of the onset of disability shall have the right to be assigned to a suitable post. The duty of the organization or the employer to guarantee the worker a post for which he or she is capable is subject to the conditions and the manner prescribed by a public instrument or by collective agreement, in accordance with the law. The Government is requested to indicate any conditions prescribed concerning the provision of suitable alternative employment for a worker whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

Article 12. The Government is requested to indicate the types of hazards and harmful operations involving exposure of workers to air pollution, noise or vibration for which advance notification must be given and to give particulars of any conditions prescribed by the competent authority for the use of certain processes, substances, machinery or equipment.

Article 15. Please indicate whether there are legislative or other provisions similar to sections 5, 15, 16, 18, 19 and 20 of the Health and Safety at Work Act of 30 June 1999 requiring the employer to appoint a competent person, or use a competent outside service or service common to several undertakings, to deal with matters pertaining to the prevention and control specifically of air pollution, noise and vibration in the working environment.

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The Committee notes with interest the information provided in the Government’s latest report. In particular it notes the enactment of the Labour Inspection Act of 20 June 1994, as amended on 21 May 1997 (Official Gazette of the Republic of Slovenia, No. 56/99), and the Health and Safety at Work Act of 30 June 1999 (Official Gazette of the Republic of Slovenia, No. 38/94 and 32/97), as well as the steps undertaken to specify the requirements on the safety statement prescribed in section 14 of the Health and Safety at Work Act. The Government is requested to keep the Office informed on any further specific regulations adopted or envisaged regarding air pollution, noise and vibration at the workplace which might ensure the practical implementation of the measures prescribed in the legal frame of the Health and Safety at Work Act and the Labour Inspection Act, including those adopted or envisaged to replace the regulations which, according to section 65 of the Health and Safety at Work Act, shall be applied until new regulations will have been adopted. The Committee hopes the Government will supply copies of such texts adopted as well as of any relevant collective agreements, in order to enable it to assess the extent to which the Convention is applied. The Government is requested to supply further information in its next report on the following points.

Article 3 of the Convention. The Committee would be grateful if the Government would indicate whether there are provisions of national laws or regulations that define the terms "air pollution", "noise" and "vibration". With respect to the term "noise", the Committee notes the information provided by the Government that regulations on safety and health in the event of dangerous noise are in preparation. The Committee hopes that the Government will take this opportunity to define the term "noise" in accordance with the definition provided in the Convention. Please provide a copy of the regulations when they are adopted.

Article 4. The Committee notes the provisions of the Health and Safety at Work Act concerning the employer’s responsibility for compliance with prevention, control and protection measures in order to ensure health and safety at work (sections 5, 6, 14 of the Act). The Government is requested to indicate any laws or regulations which prescribe such measures against occupational hazards in the working environment due to air pollution and vibration.

Article 7, paragraph 1. The Committee notes that section 36 of the Health and Safety at Work Act provides for the general obligation of employees to observe prescribed safety measures. Please indicate the provisions requiring workers to comply with safety procedures against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8, paragraph 1. Exposure to noise. The Committee notes that according to section 65 of the Health and Safety at Work Act the regulations on General Measures and Standards concerning Noise at Work Premises of 8 July 1971 (Official Gazette of the SFR of Yugoslavia, No. 29) will remain in force until the new Rules on Safety and Health at Work in relation to Dangerous Noise will be adopted. The Government is requested to keep the Office informed on any developments in this respect and to provide a copy of any new text adopted.

Exposure to air pollution and vibration. The Government is requested to indicate the measures taken or envisaged to elaborate criteria for determining the hazards of exposure to air pollution and vibration.

Article 8, paragraph 2. Please indicate whether the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account in the elaboration of the criteria and the determination of the exposure limits to air pollution, noise and vibration at work.

Article 8, paragraph 3. Please indicate whether the criteria and exposure limits are established, supplemented and revised in light of current national and international knowledge and data, and whether account is taken of any increase of occupational hazards resulting from simultaneous exposure to several harmful factors.

Article 9. The Committee understands that, with respect to noise, the rules which at the date of the latest report, were still in preparation, shall provide technical and supplementary organizational measures which are applicable to new and existing plants as well as to processes in design or installation and to existing processes. Please keep the Office informed in this regard and please provide a copy of the adopted text. The Committee notes that the Government’s report gives no further particulars in reply to its previous comments concerning the Act respecting Fundamental Rights arising out of the Employment Relationship of 8 September 1989 (Official Gazette of the SFR of Yugoslavia, No. 921). The Committee therefore hopes that the next report will indicate whether the Act is still in force. If this is the case, the Government is requested to indicate which administrative agency is competent for work operations and prescribes the measures and standards for protection at work in technological work processes, according to section 38 of the Act. The Government is also requested to provide copies of any texts which set forth supplementary organizational measures to keep the working environment free from hazards due to air pollution, noise and vibration, as far as possible, either as prescribed by the abovementioned agency under section 38 of the Act or as provided for in public instruments or collective agreements, to be applied by the organization or the employer, according to section 36 of the Act.

Article 11, paragraph 3. The Committee notes that an employee may work at a workplace or in conditions in which he is exposed to increased danger of injury or health impairment under conditions specified in special regulations and on [the] basis of professional assessment (section 35 of the Health and Safety at Work Act). The Government’s report, however, contains no information on the questions already raised in the Committee’s previous comments concerning section 48 of the Act respecting Fundamental Rights arising out of the Employment Relationship of 8 September 1989 (Official Gazette of SFR of Yugoslavia, No. 921). Section 48 of this Act provides that a worker with reduced working capacity and a worker employed on tasks where there is a risk of the onset of disability shall have the right to be assigned to a suitable post. The duty of the organization or the employer to guarantee the worker a post for which he or she is capable is subject to the conditions and the manner prescribed by a public instrument or by collective agreement, in accordance with the law. The Government is requested to indicate any conditions prescribed concerning the provision of suitable alternative employment for a worker whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

Article 12. The Government is requested to indicate the types of hazards and harmful operations involving exposure of workers to air pollution, noise or vibration for which advance notification must be given and to give particulars of any conditions prescribed by the competent authority for the use of certain processes, substances, machinery or equipment.

Article 15. Please indicate whether there are legislative or other provisions similar to sections 5, 15, 16, 18, 19 and 20 of the Health and Safety at Work Act of 30 June 1999 requiring the employer to appoint a competent person, or use a competent outside service or service common to several undertakings, to deal with matters pertaining to the prevention and control specifically of air pollution, noise and vibration in the working environment.

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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:

Article 8 of the Convention

1. Exposure to noise. The Committee notes the regulations respecting general measures and standards for protection at work against noise (Sluzbeni List SFRJ, No. 29 of 8 July 1971) referred to in the Government's report which establish criteria for determining the hazards due to noise and fix exposure limits to noise in the workplace, in accordance with Article 8, paragraph 1. The Government is requested to indicate whether any steps are being made to revise these regulations in keeping with the latest scientific findings in the area, as required by Article 8, paragraph 3 and to indicate the manner in which the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account in the revision (Article 8, paragraph 2).

2. Exposure to vibration. The Government is requested to indicate the measures taken or envisaged to elaborate criteria for determining the hazards of exposure to vibration.

Article 9(b). The Committee notes Act (No. 921) of 8 September 1989 respecting Fundamental Rights Arising out of the Employment Relationship, section 36 of which provides that the organization or the employer shall ensure the necessary conditions for protection at work in accordance with law and public instruments or collective agreements, while section 38 of the Act provides that the measures and standards for protection at work in technological work processes shall be prescribed by the administrative agency competent for work operations. The Government is requested to indicate whether this Act is still in force and, if so, which administrative agency is competent for work operations. The Government is also requested to provide copies of any texts which set forth supplementary organizational measures to keep the working environment free from hazards due to air pollution, noise and vibration, as far as possible, either as prescribed by this agency (under section 38) or which are provided for in public instruments or collective agreements (section 36).

Article 11, paragraph 3. The Committee notes that section 48 of the Act (No. 21) of 8 September 1989 respecting Fundamental Rights Arising out of the Employment Relationship provides that a worker with reduced working capacity and a worker employed on tasks where there is a risk of the onset of disability shall have the right to be assigned to a suitable post. It further notes that the duty of the organization or the employer to guarantee the worker a post for which he or she is capable is subject to the conditions and the manner prescribed by a public instrument or by collective agreement, in accordance with the law. The Government is requested to indicate any conditions prescribed concerning the provision of suitable alternative employment for a worker whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

Article 12. The Government is requested to indicate the types of hazardous and harmful operations involving exposure of workers to air pollution, noise or vibration for which advance notification must be given and to give particulars of any conditions prescribed by the competent authority for the use of certain processes, substances, machinery or equipment.

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The Committee notes the information provided in the Government's report. The Government is requested to supply further information, in its next report, on the following points:

Article 8 of the Convention

1. Exposure to noise. The Committee notes the regulations respecting general measures and standards for protection at work against noise (Sluzbeni List SFRJ, No. 29 of 8 July 1971) referred to in the Government's report which establish criteria for determining the hazards due to noise and fix exposure limits to noise in the workplace, in accordance with Article 8, paragraph 1. The Government is requested to indicate whether any steps are being made to revise these regulations in keeping with the latest scientific findings in the area, as required by Article 8, paragraph 3 and to indicate the manner in which the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account in the revision (Article 8, paragraph 2).

2. Exposure to vibration. The Goverment is requested to indicate the measures taken or envisaged to elaborate criteria for determining the hazards of exposure to vibration.

Article 9(b). The Committee notes Act (No. 921) of 8 September 1989 respecting Fundamental Rights Arising out of the Employment Relationship, section 36 of which provides that the organization or the employer shall ensure the necessary conditions for protection at work in accordance with law and public instruments or collective agreements, while section 38 of the Act provides that the measures and standards for protection at work in technological work processes shall be prescribed by the administrative agency competent for work operations. The Government is requested to indicate whether this Act is still in force and, if so, which administrative agency is competent for work operations. The Government is also requested to provide copies of any texts which set forth supplementary organizational measures to keep the working environment free from hazards due to air pollution, noise and vibration, as far as possible, either as prescribed by this agency (under section 38) or which are provided for in public instruments or collective agreements (section 36).

Article 11, paragraph 3. The Committee notes that section 48 of the Act (No. 921) of 8 September 1989 respecting Fundamental Rights Arising out of the Employment Relationship provides that a worker with reduced working capacity and a worker employed on tasks where there is a risk of the onset of disability shall have the right to be assigned to a suitable post. It further notes that the duty of the organization or the employer to guarantee the worker a post for which he or she is capable is subject to the conditions and the manner prescribed by a public instrument or by collective agreement, in accordance with the law. The Government is requested to indicate any conditions prescribed concerning the provision of suitable alternative employment for a worker whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

Article 12. The Government is requested to indicate the types of hazardous and harmful operations involving exposure of workers to air pollution, noise or vibration for which advance notification must be given and to give particulars of any conditions prescribed by the competent authority for the use of certain processes, substances, machinery or equipment.