Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Occupational Health Services Convention, 1985 (No. 161) - Slovakia (Ratification: 1993)

Legislation. The Committee notes the information in the Government’s report concerning the approval of the “Conception of state health policy of the Slovak Republic” (Health Policy) and the “Conception of occupational safety and health in the Slovak Republic for the years 2008–12” (OSH Policy). While not attached to the report, these documents were available to the Committee in English on the Government’s publicly available website. The Committee further notes the adoption of Act No. 355/2007 Coll. on the protection, promotion and development of public health and on the Amendment of Certain Acts as amended by later regulations (Act No. 355) and of the Decree of the Ministry of Health No. 292/2008 Coll. on the particulars of the scope and content of the performance of occupational service, the composition of the specialist team undertaking it and the requirements of their professional competence as amended by Decree of the Ministry of Health No. 135/2010 Coll. (Decree No. 292) revising a previous Decree on the same subject. The Committee further notes the information regarding effect given to Articles 4, 7, 9(1) and (2), 10, 12–14 and 16 of the Convention. The Committee asks the Government to continue to provide information on any relevant legislative developments concerning the application of the Convention.

The Committee also notes a communication received on 14 September 2012 by the Office in which the Government requests an opinion on “Upcoming legislative changes in the treatment of occupational health services.” In this communication, reference is made to amendments with effect from 1 January 2012 to Act No. 124/2006 Coll. (Act No. 124) including, in particular Act No. 479/2011 Coll. Amending, inter alia, sections 21 and 26 of Act No. 124.

Article 2. Formulation, implementation and periodical review of a coherent national policy on occupational health services. The Committee notes that in response to its previous comments on the application of this Article, the Government refers to the Health Policy and the OSH Policy, mentioned above. The Committee notes that, to the extent that the Health Policy refers to occupational health, it reflects an emphasis on medical surveillance as it is stated that “it is necessary to continually carry on identifying the factors of work and working environment harmful to health, classifying the employee’s works [sic] activities from the point of view of medical risks” and to create “a functional system of work–medical services”, while the occupational health services which are the object of the Convention should also include the functions referred to in Article 1(a)(ii), and be multidisciplinary in nature. As regards the OSH Policy, it is noted that, according to its terms, this Policy is due to expire at the end of 2012. The Committee also notes that this OSH policy includes a detailed analysis of the situation and the main concerns in Slovakia as regards OSH. The strategy on how to address those concerns includes a clear general emphasis on prevention and more specifically placing focused attention on high-risk occupations as well as specific categories of workers who may be excessively exposed to risks. This part of the strategy has been reflected, inter alia, in the recent amendments to Act No. 124 by Act No. 476 /2011 Coll. which limits the obligations to provide medical preventive examinations to workers in high-risk sectors (see further below). Based on the foregoing, the Committee finds that the policies to which the Government refers, do not seem to reflect a national policy on occupational health services within the terms of the Convention. While focus on certain categories of occupations and groups of workers can be useful as a temporary strategy, the terms of the Convention require a policy, implemented in law and in practice, which covers all workers and sectors. Furthermore, the occupational health services, with essentially preventive functions, which are the object of the Convention should include the provision not only of medical surveillance but also the broad spectrum of other functions as listed in Article 5, including the identification and assessment of the risks from health hazards in the workplace, which is a key function from the perspective of prevention. Placing increased emphasis on the development of occupational health services within the terms of the Convention could thus assist the Government in its efforts regarding the priority objective of “Implementing Prevention” in the area of occupational safety and health. The Committee hopes that the Government will take due account of the terms of the Convention in the context of the development, implementation and periodical review of its national policy on occupational health services and requests it to provide further information on measures taken, in law and in practice, to give full effect to this Article of the Convention and to submit a copy of any relevant documents once adopted.

Article 3. Occupational health services for all workers and sectors. The Committee notes the reference made to section 21(1) of Act No. 124/2006 which requires all employers to ensure the provision of preventive and protective services for all employees and that prior to 1 January 2012 the obligations in its section 21(2) also covered all workers irrespective of the type of work they carried out. Act No. 479/2011 Coll., which entered into force on 1 January 2012, introduced a limitation of that obligation which now provides that employers are no longer obliged to ensure occupational health services for workers carrying out work classified as including work with “no risk of health damage” and “work for which, after considering the risk, there is no presumption of any health damage”. While this recent amendment is contrary to Article 3, the Committee notes that it follows from the above-referenced communication submitted on 14 September 2012 that the Government intends to amend the legislation in this respect and that it seeks advice on the best way to ensure renewed compliance with this Convention. With reference to Act No. 479/2011 Coll. amending, inter alia, sections 21(2) of Act No. 124, the Committee requests the Government to take all relevant measures to ensure renewed compliance with Article 3 of the Convention, and to submit copies of relevant legislation once it has been adopted.

Part VI of the report form. Application in practice. The Committee notes the detailed information regarding the coverage of occupational health services in the country. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including statistical data, as available, on the number of workers covered by occupational health services.