Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Legislation. The Committee notes the Government’s indication that Act No. 124/2006 Coll. on occupational safety and health protection and on the amendment of certain acts has been amended three times since its last report, namely through Act No. 154/2013. However, as these amendments were not attached to the report, the Committee is unable to evaluate their impact on the application of the Convention. The Committee requests the Government to provide a copy of the amended legislation to the Office, in one of its working languages if possible, and to continue to provide information on any relevant legislative developments concerning the application of the Convention.

Articles 2 and 3(1) of the Convention. Formulation, implementation and periodical review of a coherent national policy on occupational health services. Development of occupational health services for all workers, in all sectors. The Committee notes that the Government refers to the occupational safety and health protection strategy in the Slovak Republic until 2020 (hereinafter the “2020 strategy”), as the updated document concerning the policy. The Government also refers to the evaluation of performance of the 2020 strategy and its implementation programme for the 2013–15 period (hereinafter the “evaluation”). The Committee notes that this strategy does not appear to contain details about the national policy on occupational health services, including general principles governing their functions, organization and operation. It also notes that, according to the evaluation, primary health care and health surveillance are mainly aimed at employees performing hazardous work. It observes that such limitation of the scope is also reflected in the occupational safety and health legislation. Indeed, section 21(2) of Act No. 124/2006, as amended by Act No. 479/2011 Coll., provides that the employer is not obliged to ensure occupational health services for employees 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”. The Committee recalls that under Article 3(1), occupational health services shall be developed progressively for all workers in all branches of economic activity and all undertakings. It also notes that the Government is examining the situation in order to bring the legislation in compliance with the Convention. Consequently, the Committee expresses the hope that the Government will soon take all relevant measures with a view to ensure that a coherent national policy on occupational health services is formulated, and that the strategy and the legislation are in full conformity with the Convention. Please provide a copy of the relevant texts, if possible in one of the working languages, once they have been adopted.

Application of the Convention in practice. The Committee notes the detailed information provided in the Government’s report 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 and the percentage of workers covered by occupational health services.