Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its latest report, and the observations received by the Confederation of New Trade Unions of Slovenia–“Neodvisnost”. The Committee also notes recent amendments to the General Practitioner Services Act and the Health Services Act, and the responses provided by the Government indicating further effect given to Article 1(a); Article 3; Article 5(b); Article 6(a); and Article 10 of the Convention. The Committee requests the Government to continue to provide information on relevant legislative and other measures taken to give effect to the Convention.

Article 8. Cooperation between employers, workers and their representatives in the undertaking, and the occupational health services. The Committee notes the Confederation of New Trade Unions of Slovenia–“Neodvisnost”’s indication that workers’ representatives in manufacturing companies are usually not familiar with risk assessments prepared by authorized medical practitioners, and their opinion is also not taken into consideration in the preparation of such assessments. The Committee asks the Government to provide information on the measures taken to address the abovementioned issue, and to indicate measures to ensure that there is cooperation between employers, workers, and their representatives, in an undertaking, and the occupational health services engaged to provide health services.

Article 15. Occupational health services shall be informed of ill health among workers and absence from work for health reasons. The Committee notes the information provided by the Government indicating that, according to section 13 of the rules concerning preventive medical examinations of workers, a medical practitioner shall obtain the worker’s medical file prior to the medical examination, in order to assess the worker’s compliance with specific health requirements for specific work. The Committee reiterates its request that the Government provide further information on the specific measures undertaken to ensure that occupational health services are informed of occurrences of ill health among workers, and absence from work for health reasons, particularly in situations where such information is not apparent in the workers’ medical files.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government indicating the high number of deficiencies regarding provision of preventive medical examinations, particularly in the construction sector, which has been identified during labour inspections. The Committee also notes the Confederation of New Trade Unions of Slovenia–“Neodvisnost”’s statement which indicates that a private medical practitioner allegedly carried out 70 preventive health examinations in one day; that employers order safety statements from the cheapest provider and keep them only to comply with regulations; that these statements are often of low quality; and are not revised or amended when new technological processes are introduced. The Committee asks the Government to provide information on measures taken or envisaged to address the issues identified above, both by the labour inspectorate and the Confederation of New Trade Unions of Slovenia–Neodvisnost; and to continue to provide information on the application of the Convention in practice.