Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

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.