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Article 3, paragraph 1, of the Convention. Prohibition of the employment of young persons and women. The Committee notes the information provided by the Government, as in its previous report, on provisions providing protection for pregnant workers and workers who have recently given birth and are breastfeeding; and provisions which prohibit the employment of young people on the basis of a risk assessment undertaken by the employer, taking into account the use of lead and its compounds. The Committee refers the Government to its previous comments with regard to this Article, and reiterates its request that the Government provide information on measures taken or envisaged to prohibit the employment of males under the age of 18 years and of all females in any painting work of industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee also asks the Government to provide further information on the risk assessment to be undertaken by employers under section 6 of the rules on the protection of health at work of children, adolescents and young people, with particular reference to a risk assessment related to employment involving the use of lead and its compounds.

Article 5, paragraph 1(a). Prohibition against the use of white lead. The Committee notes the information provided by the Government indicating that the provisions of the regulation on the protection of workers from risks of exposure to chemical substances at work require an employer to remove, or reduce to the least possible extent, the risk of hazardous chemical substances to the safety and health of workers at work. The Committee reminds the Government that Article 5(1)(a), requires a prohibition against the use of white lead, sulphate of lead, or products containing these pigments in painting operations except in the form of paste or of paint ready for use.

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The Committee takes note of the Government’s comprehensive report. It notes the information supplied by the Government with regard to Article 5, paragraph 2(a), and Article 7 of the Convention. Further to its previous comments, the Committee would draw the Government’s attention to the following points.

1. Article 3. Prohibition of employment of young persons and women. The Committee notes article 195 of the Employment Relations Act (Ur.1.RS, 42/02) specifying the work, which may not be carried out by a worker under the age of 18. With regard to painting work involving the use of white lead, article 195, paragraph 2, of this Act stipulates that a worker under the age of 18 may not be engaged to carry out work involving exposure to risk factors and procedures, and work which, according to the risk assessment, entails a risk to safety, health and development of the worker. The types of work covered by article 195, paragraph 2, of the Employment Relations Act have to be defined by an executive regulation which, pursuant to paragraph 4, is to be issued by the minister competent for labour in agreement with the minister competent for health. In this respect, the Committee notes the Rules on the protection of health at work of children, adolescents and young people of 9 July 2003, issued by the minister responsible for labour in agreement with the minister responsible for health in application of articles 195 and 214 of the Employment Relations Act (Ur.1.RS, 42/02). Pursuant to article 6 of the above Rules, young persons under the age of 18 years are prohibited to carry out work for which the risk assessment indicates a potential harmful effect on safety, health and development. In assessing the risk, the employer must, inter alia, take into account certain risk agents, such as lead and its compounds. According to the Committee’s understanding, work involving the use of lead or its compounds is not generally prohibited for young persons under the age of 18 years, but restricted. The Committee hence reminds the Government that Article 3, paragraph 1, of the Convention calls for the prohibition of any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. According to Article 3, paragraph 2, of the Convention, the competent authorities are authorized to permit the employment of painters’ apprentices in the work prohibited by virtue of Article 3, paragraph 1, of the Convention, after consultation with employers’ and workers’ organizations concerned, with a view to their education in their trade. Thus, young persons under 18 years of age may only be engaged to carry out work involving the use of white lead or sulphate of lead or other products containing these pigments for education purposes. The Committee accordingly requests the Government to take the necessary measures to bring article 6 of the Rules on the protection of health at work of children, adolescents and young people of 9 July 2003 in line with the provision of Article 3 of the Convention.

As to the protection of women, the Committee notes article 187, paragraph 1, of the Employment Relations Act (Ur.1.RS, 42/02) stipulating that workers shall have the right to special protection in employment due to pregnancy and parenthood. Article 189, paragraphs 1 to 3, of this Act provide for the prohibition of carrying out certain types of work during pregnancy and breastfeeding period. These types have to be determined in an executive regulation. In this respect, the Government refers to the Rules on the protection of health at work of pregnant workers and workers who have recently given birth or are breastfeeding (Ur.l.RS, st. 82/03) prohibiting the exposure of pregnant women to certain chemical substances such as, inter alia, lead and derivates of lead capable of being absorbed by the human organism. The Committee notes that the above provisions only grant a special protection to pregnant women, women who have recently given birth or to breastfeeding women, but not to women workers in general. It therefore recalls the provision of Article 3, paragraph 1, of the Convention, which provides for the prohibition of employment of all female workers in painting work of an industrial character involving the use of white lead, sulphate of lead or other products containing these pigments. The Committee therefore requests the Government to take the necessary measures to ensure that full effect is given to this provision of the Convention.

2. Article 5, paragraph 1(a). With reference to its previous comments, the Committee notes that the Government’s report does not contain any information on whether there exists a regulation providing for the use of white lead, sulphate of lead, or products containing these pigments only in the form of paste or paint ready for use. It accordingly requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

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The Committee takes note of the Government’s comprehensive report. It draws the Government’s attention to the following points.

1. Article 3 of the Convention. The Committee notes the Government’s indication that article 39 of the Basic Rights Stemming from Employment Act (ZTPDR No. 60/89) prohibits the assignment of workers under the age of 18 and women to, inter alia, particularly and predominantly hard work and to work which, with regard to their psychophysical characteristics, may have harmful effects and pose an increased risk to their health and life. In the same way, article 72 of the Employment Act prohibits the assignment of workers under the age of 18, on account of their specific psychophysical traits, to harmful work with an increased risk that may affect the health and development of the young workers. For women, article 76 of the Employment Act prescribes that harmful work with an increased risk affecting the health and psychophysical abilities of women are not to be performed by women. This work is to be determined by a regulation issued by the national administrative body responsible for health care. The Committee therefore requests the Government to indicate whether such a regulation determining the work involving an increased risk and affecting the health and psychophysical abilities of women, has been issued in application of article 76 of the Employment Act. It further requests the Government to indicate whether such a regulation is to be issued as well for the determination of the type of work, which may not be carried out by young workers under the age of 18, in application of article 72 of the Employment Act.

2. Article 5, paragraph 1(a). The Committee notes the Government’s indication to the effect that there exists no regulation providing for the use of white lead, sulphate of lead, or products containing these pigments only in the form of paste or paint ready for use. It accordingly asks the Government to indicate the measures envisaged to give effect to this provision of the Convention.

3. Article 5, paragraph 2(a). With regard to the provision of washing facilities for working painters, the Government indicates that pursuant to article 80 of the Rules on health and safety at work requirements No. 89/99, bathrooms and washrooms must be put at the disposal of workers where the nature of work or health reasons necessitates washing facilities. The Committee requests the Government to indicate whether painting work is considered as work of a nature requiring washing facilities to be put at the disposal of working painters and, if that is the case, the Government is asked to specify the provision determining the types of work calling for washing facilities for working painters.

4. Article 7. The Committee notes the provision of article 20, point 10 of the Health and Safety at Work Act requiring the authorized physician, responsible to carry out tasks concerning the health protection at work, to keep records and collect data as provided for under special regulations, and article 3 of the Rules on the reporting, collecting and managing of data on cases of poisoning in the territory of the Republic of Slovenia No. 38/2000, obliges the natural and legal persons engaged in medical services to send immediately to the KC Centre for Poisoning the data required. In addition, article 27, paragraph 1, of the Health and Safety at Work Act obliges the employer to notify immediately the works inspectorate on any case of fatal injury or injury which causes the worker’s incapacity to work for at least three consecutive working days, as well as on collective accidents, dangerous phenomena or a finding of professional illness. Moreover, article 5 of the Labour Inspection Act provides for the publication of an annual report on accidents at work, occupational diseases and other accidents at work or in connection with work. The Government however indicates that no separate statistics with regard to lead poisoning among working painters are kept in the country. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that a separate statistic on the morbidity and mortality among working painters is established.

5. The Committee notes with interest the Government’s indication that Rules on boundary values for occupational exposure to dangerous substances and Rules on safety and health for temporary and mobile building sites are being drafted. The Committee hopes that the above Rules will be adopted in the near future and requests the Government to supply a copy of them once they have been adopted.

6. The Committee would be grateful if the Government would supply, with its next report, a copy of the following legislation for further examination: the Employment Act (ZDR No. 14/90, 5/91, 71/93); the Basic Rights Stemming from Employment Act (ZTPDR No. 60/89); the Rules on health and safety at work requirements No. 89/99; the Rules on restrictions on the sale or use of specific dangerous substances and preparations No. 73/99; the Rules on health and safety in the use of working equipment No. 89/99, and the Rules on the reporting, collecting and managing of data on cases of poisoning in the territory of the Republic of Slovenia No. 38/2000.

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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 Government’s indication in its report according to which the use of white lead in painting is governed by the general provisions of the Safety at Work Act and its implementing General Rules on Sanitary and Technical Safety Measures at Work, but is not fully covered by national regulations. However, the Committee notes with interest the establishment of an interministerial working group to prepare regulations concerning hazardous substances. The Committee trusts that the Government will take the necessary steps in the near future, in consultation with the employers’ and workers’ organizations concerned, as called for in Articles 1, paragraph 1, and 6 of the Convention, to ensure that effect is given to the following provisions of the Convention: Article 1 (prohibition of the use of white lead and sulphate of lead in the internal painting of buildings); Article 2 (regulation of the use of white lead in artistic painting); Article 3 (prohibition of the employment of males under 18 years of age and of all females in any painting work involving the use of white lead); Article 5 (regulation of the use of white lead in painting operations for which its use is not prohibited); and Article 7 (establishment of statistics of morbidity and mortality due to lead poisoning).

The Committee would request the Government to communicate information on progress made in this respect and to provide a copy of the relevant legislation as soon as it is adopted.

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The Committee notes the Government's indication in its report according to which the use of white lead in painting is governed by the general provisions of the Safety at Work Act and its implementing General Rules on Sanitary and Technical Safety Measures at Work, but is not fully covered by national regulations. However, the Committee notes with interest the establishment of an interministerial working group to prepare regulations concerning hazardous substances. The Committee trusts that the Government will take the necessary steps in the near future, in consultation with the employers' and workers' organizations concerned, as called for in Articles 1, paragraph 1, and 6 of the Convention, to ensure that effect is given to the following provisions of the Convention: Article 1 (prohibition of the use of white lead and sulphate of lead in the internal painting of buildings); Article 2 (regulation of the use of white lead in artistic painting); Article 3 (prohibition of the employment of males under 18 years of age and of all females in any painting work involving the use of white lead); Article 5 (regulation of the use of white lead in painting operations for which its use is not prohibited); and Article 7 (establishment of statistics of morbidity and mortality due to lead poisoning).

The Committee would request the Government to communicate information on progress made in this respect and to provide a copy of the relevant legislation as soon as it is adopted.