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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:
The Committee notes the detailed information contained in the Government’s report. It particularly notes the adoption of Act No. 67/2002 as amended by Decree No. 180/2003, Collection of laws (coll.) on chemical substances and preparations. The Committee also notes that the legislative texts adopted by the former Czechoslovakia have remained in force in present-day Slovakia.
Article 11, paragraph 2, of the Convention. Prohibition on the employment of young persons under 18 years of age in work processes involving exposure to benzene. The Committee notes that Regulation No. 286/2004 on the types of work prohibited for adolescents states that adolescents may not be employed in work processes involving exposure to benzene. The Committee asks the Government to explain, in its next report, whether the term “adolescent” covers all young workers under 18 years of age, as stipulated in paragraph 2 of this Article.
Part IV of the report form. The Committee notes the Government’s statement that a health protection body, in cooperation with labour inspectors, is responsible for monitoring the application of the Convention, in accordance with the provisions of Regulation No. 95/2000 on labour inspection. The Committee asks the Government to provide, in its next report, information on the application of the Convention in practice, in particular any available statistical information on the number of workers covered by the legislation, disaggregated by gender if possible, and details of the number and nature of the contraventions reported and the penalties imposed.
1. The Committee notes the detailed information contained in the Government’s report. It particularly notes the adoption of Act No. 67/2002 as amended by Decree No. 180/2003, Collection of laws (coll.) on chemical substances and preparations. The Committee also notes that the legislative texts adopted by the former Czechoslovakia have remained in force in present-day Slovakia.
2. Article 11, paragraph 2, of the Convention. Prohibition on the employment of young persons under 18 years of age in work processes involving exposure to benzene. The Committee notes that Regulation No. 286/2004 on the types of work prohibited for adolescents states that adolescents may not be employed in work processes involving exposure to benzene. The Committee asks the Government to explain, in its next report, whether the term “adolescent” covers all young workers under 18 years of age, as stipulated in paragraph 2 of this Article.
3. Part IV of the report form. The Committee notes the Government’s statement that a health protection body, in cooperation with labour inspectors, is responsible for monitoring the application of the Convention, in accordance with the provisions of Regulation No. 95/2000 on labour inspection. The Committee asks the Government to provide, in its next report, information on the application of the Convention in practice, in particular any available statistical information on the number of workers covered by the legislation, disaggregated by gender if possible, and details of the number and nature of the contraventions reported and the penalties imposed.
The Committee notes the information provided by the Government in its last report. It notes in particular that, according to the Government, there have been no changes in the legislation of the country. However, the Committee notes the adoption of Act No. 330 of 25 October 1996 on occupational safety and health protection at work, as amended by Act No. 158/2001, section 8 of which obliges the employer to observe, inter alia, the duties determined by individual regulations. In this regard, the Committee notes the Government’s indication that the regulations of the Ministry of Health No. 4/1985 concerning hygienic requirements at work with chemicals deal specifically with workers’ protection against poisoning arising from benzene. Due to the fact that these regulations have been adopted at a time when the country was part of the former Czechoslovakia, the Committee understands that the legislative texts adopted by the former Czechoslovakia are still in force. The Committee nevertheless requests the Government to confirm that the legislation, adopted by the former Czechoslovakia, remains effective in the country and, therefore the new legislation adopted since would be supplementary to the measures already in conformity with the provisions of the Convention.
The Committee further notes the Government’s indication contained in its report that a draft law concerning safety in the use of chemicals at work is being prepared. In this context, the Committee would note the information provided by the Government to the United Nations Commission on Sustainable Development (CSD) in the framework of the implementation of Agenda 21 in 1997. There, the Government underlined an urgent requirement to introduce legislation on chemicals and, that the Act on chemicals and chemical preparations which was currently being prepared, would represent a first step towards legal conformity with the EU and OECD standards. As to the content of the draft Act, the Government indicated that the major objective of the Act is to protect human health and the environment against the harmful impact of chemicals and chemical preparations. The Act would contain provisions, inter alia, respecting the rights and obligations of government institutions, producers and importers in the production, testing, classification, packaging, labelling and registration of chemicals. This Act would also allow the banning or severe restriction of the use of chemicals or chemical preparations, which are harmful to human health and to the environment. The Committee taking due note of this information would request the Government to indicate whether the above draft Act has been adopted and, if that is the case, to provide a copy for further examination.