Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in its latest report. The Committee notes, however, that the Government has not submitted a detailed report, as requested, indicating the specific measures which give effect to each Article of the Convention, in order to allow the Committee to properly examine the current application of the Convention in the country. The Committee therefore reiterates its request to the Government to submit a detailed report, indicating the measures taken or envisaged, in law and in practice, to give effect to each Article of the Convention, and to continue to provide information on any legislative measures undertaken with regard to the Convention.

The Committee also recalls the comments submitted by the Croatian Trade Union Association (HUS) in 2009 regarding the Salonit asbestos issue referred to briefly in its previous comment, and that the HUS alleges that there has been no change in solving the workers’ status, that the workers have still not been compensated, and that they still have major problems in defining their working status as the ex-owner still controls the bankruptcy process. The Committee also notes the information submitted by HUS that around ten workers started a hunger strike in September 2009 in order to call upon an urgent solution to their problems. While the Committee notes the response provided by the Government on the issues examined below, the Committee notes the absence of further information regarding, inter alia, the legal stalemate caused by the bankruptcy process against the ex-owner of the Salonit factory. The Government is requested to provide further information in response to this and other issues raised by the HUS including in particular, whether the Government has succeeded in adequately mitigating the negative impact of this legislative stalemate for the individual workers concerned.

With reference to its previous comments concerning legislative measures taken and the question of compensation of victims and providing them an old-age pension on more favourable conditions, the Committee notes with satisfaction the information provided by the Government regarding the adoption of the Ordinance on conditions and methods for health monitoring, diagnostic procedures for suspected occupational diseases caused by asbestos and the criteria for recognizing occupational diseases cause by asbestos (Official Gazette 134/08). The Committee also notes that the Commission for Settling Claims for Compensation by Workers Suffering from Occupational Diseases Due to Exposure to Asbestos (the Commission) drew up guidelines in 2010 for workers claiming compensation, pursuant to the Act on compensating workers occupationally exposed to asbestos, which provide a detailed explanation of the procedure for recognizing occupational diseases and indicate the documents that need to be submitted in order to obtain the right to monetary compensation for an occupational disease caused by exposure to asbestos. The Government indicates that these guidelines, accompanied by application forms and other useful information, have been made available on the website of the Croatian Institute for Occupational Safety and Health. The Committee notes the information indicating that the Commission has received 937 claims for compensation since it was established in 2007, including 106 new cases between July 2009 and July 2010. The Government indicates that of the 330 decisions that have been issued, 144 were successful and 186 were unsuccessful. The Committee further notes the information indicating that in the course of implementing the Act on the requirements for obtaining an old-age pension by workers occupationally exposed to asbestos (Official Gazette 79/07), it was noted that there were a certain number of workers, who, while working for a legal person using asbestos as a raw material in its manufacturing process (Salonit d.d. in administration and Plobest), had subsequently developed a recognized asbestos-related occupational disease, but did not meet the requirements relating to age or had not completed the required number of years of insurance, as prescribed by the Act. The Committee welcomes the information indicating that in response to this, the Government amended the Act (Official Gazette 149/09) in order to enable this category of ill workers to obtain the right to an old-age pension under more favourable conditions. As a result of this, since 1 January 2010, they have been receiving 26 per cent higher pensions. The Committee asks the Government to continue to ensure that all claims and requests for compensation by workers suffering from an occupational disease due to exposure to asbestos during the course of their employment are handled as expeditiously as possible, to provide information on progress in this respect, as well as on the measures taken to raise the awareness of such workers regarding the possibilities to seek redress.

As regards measures taken at the institutional level, the Committee notes the information provided by the Government in its report on the Occupational Safety and Health Convention, 1981 (No. 155), concerning the adoption on 19 December 2008 of the National Occupational Health and Safety Programme 2009–13, and the establishment, after consultation with the social partners, of the Croatian Institute for Health Protection and Safety at Work. The Government indicates that the Institute has the role of confirming diagnosed occupational diseases and keeping a register of occupational diseases, as well as submitting an annual report to the Ministry of Health and Social Welfare on the preventive measures taken to reduce the number and occurrence of occupational diseases, accidents and any other injuries to health which arise in the course of or in connection with work. The Committee also notes that the Institute is establishing a database on the employers and workers who handle, or are exposed to, antineoplastic, carcinogenic and mutagenic substances and ionizing radiations, and that employers are legally obliged to submit data to the Institute. The Committee asks the Government to continue to provide information on the activities undertaken by the Croatian Institute for Health Protection and Safety at Work, in particular concerning the application of the Convention; and to provide an update on the previously noted intention to ensure coherent national action in relation to the application of this Convention.

As regards measures taken to rehabilitate the Salonit factory and adjacent areas, the Committee notes the information indicating that the Government, through the Fund for Environmental Protection and Energy Efficiency, paid 86 million kuna (HRK) for labour costs of workers, and that until the end of 2009, contracts worth HRK13 million had been concluded for preparing rehabilitation work, with the involvement of 107 workers of the Salonit d.d. administration. The Government further indicates that the Fund guarantees continued engagement in rehabilitation work to all workers who do not acquire the right to pension. The Committee notes, however, that the Government has not addressed the application throughout the country of legislative measures requiring that all work related to remediation be carried out under expert supervision by an authorized company. The Committee requests the Government to provide further information on the application throughout the country of legislative measures requiring that all work related to remediation be carried out under expert supervision by an authorized company.

Part III of the report form. Decisions by courts of law. The Committee notes the information which indicates that a total of 29 lawsuits were filed with the Administrative Court by the applicants who had been unsuccessful in their application for compensation. The Committee asks the Government to provide further information on the outcomes of these lawsuits, and to provide copies of the texts of the decisions.

Part V of the report form. Application of the Convention in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported.

[The Government is asked to report in detail in 2012.]