Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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.