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

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 120 (hygiene (commerce and offices)), 148 (working environment (air pollution, noise, vibration)), 161 (occupational health services), 167 (safety and health in construction), 176 (safety and health in mining) and 187 (promotional framework for OSH) together.

General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the information provided in the report of the Government concerning Article 2(2) (principles set out in ILO instruments) and Article 4(3)(f) (collection and analysis of data) of the Convention, which addresses its previous requests.

Article 2(3) of the Convention. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions. Following its previous comment, the Committee notes the indication of the Government that the Ministry of Labour, Social Affairs and Family will submit proposals to the new Government concerning the ratification of international treaties, taking into account proposals from specialised national bodies, such as the OSH Coordination Committee. The Committee requests the Government to continue to provide information regarding any developments in this respect.

Article 5. National OSH Programme. Following its previous comments, the Committee notes the adoption of the Strategy for Safety and Health Protection at Work of the Slovak Republic for the years 2021 to 2027 (OSH Strategy 2021–27). The Committee notes that, according to the Government, the primary goal of this Strategy is to adopt and enforce effective preventive measures at the state and enterprise level, with a view to maintaining a low rate of occupational accidents, minimizing the causes of occupational diseases, promoting prevention, strengthening the importance of OSH and spreading awareness. The Committee also notes the Government’s indication that the OSH Strategy 2021–27 is evaluated annually and was prepared in cooperation with all relevant stakeholders and social partners in order to achieve its set goals. The Committee further notes that the OSH Strategy 2021–27 was accompanied by an implementation programme and timetable 2021–23. The Committee requests the Government to provide further information on the measures taken to periodically review the national OSH programme, including the renewal of the implementation programme and timetable 2021–23. It requests the Government to indicate the consultations that took place in this regard with the most representative organizations of employers and workers, and to provide information on the targets and indicators of progress relating to the OSH Strategy 2021–27.

Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the information provided in the report of the Government concerning legislative developments, which addresses its previous request.

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. Application in practice. Following its previous comments, the Committee notes the Government’s indication that the national policy on occupational health services is integrated in the OSH Strategy 2021–27, while the activities performed by occupational health services are more clearly defined in Act (355/2007) on the Protection, Support and Development of Public Health (Public Health Act). Regarding the coverage of occupational health services for all workers in all sectors, the Committee notes that section 31 of the Public Health Act divides jobs into four categories according to risk. Section 30ab of the Public Health Act defines the functions of occupational health services in relation to workplaces in categories one and two (lower risk), while section 30ad of the same Act defines those activities in relation to jobs in categories three and four (higher risk). The Committee requests the Government to indicate the manner in which it ensures, in practice, that occupational health services are developed for all workers, in all branches of economic activity and all undertakings. The Committee requests the Government to provide statistical data, as available, on the number and the percentage of workers covered by occupational health services.

Article 12. Surveillance of workers' health as far as possible during working hours. The Committee requests the Government to indicate the measures taken to ensure that medical examinations of workers take place, as far as possible, during working hours, in accordance with Article 12.

Article 15. Information on occurrences of ill health amongst workers and absence from work for health reasons. The Committee requests the Government to indicate the measures taken to ensure that occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons, to be able to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace.

Protection against specific risks

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided in the report of the Government concerning Article 5(1) and (2) (consultations) of the Convention, which addresses its previous request.

Article 8(2) and (3) of the Convention. Consultation of technically competent persons designated by employers’ and workers’ organizations and regular revision of exposure limits. While noting the information provided by the Government with regard to the participation of social partners in the Economic and Social Council, the Committee once again requests the Government to indicate whether, in practice, the Economic and Social Council has appointed any advisory body, pursuant to section 8 of its Standing Orders, for the purpose of consultations in the elaboration of the criteria and the determination of the exposure limits under Article 8(2) of the Convention. The Committee requests the Government to continue to provide information regarding any legislative developments or revisions of the exposure limits determined by national legislation.

Application of the Convention in practice. Following its previous comments, the Committee notes the statistics provided by the Government, which indicate that, out of 518 cases of occupational diseases recorded in 2022, 8.5 per cent were caused by work with vibrating work equipment, 2.7 per cent were caused by noise, and 1.5 per cent was caused by air pollution. The Committee requests the Government to provide further information on any measures taken to improve the application in practice of the Convention, particularly in respect of workplaces involving exposure to vibration.

Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

The Committee notes the information provided in the report of the Government concerning Article 3 (determination of scope in case of doubt) of the Convention, which addresses its previous request.

Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that, in 2022, 3,114 OSH deficiencies were identified in the implementation of administrative and support services, representing an increase of 9.3 per cent compared to 2021. The Government further indicates that the violations detected in 2022 include deficiencies related to dust, noise and inadequate temperatures in the workplace, as well as the failure by employers to conduct hazard and risk assessments. While taking note of the measures already taken, including the fines imposed, the Committee requests the Government to continue to provide information on any violations detected, and on any measures taken to improve compliance with this Convention in practice, including measures taken in the context of the implementation of the OSH strategy 2021-27.

Safety and Health in Construction Convention, 1988 (No. 167)

Legislation. The Committee notes the information provided by the Government concerning Decree No. 147/2013 of the Ministry of Labour, Social Affairs and Family, laying down the details to ensure the safety and health at construction works and related works and details of professional competence for the performance of certain work activities (Decree No. 147/2013), which addresses its previous request.

Article 23(b) and (c) of the Convention. Work over water. The Committee notes that paragraph 1.1 of Annex 6 of Decree No. 147/2013 provides that persons performing construction work must be secured against falls when working at a height and above depths. The Committee requests the Government to provide further information on the measures taken to ensure that there is adequate provision for the rescue of workers in danger of drowning and safe and sufficient transport, when work is done over or in close proximity to water.

Application of the Convention in practice. Following its previous comments, the Committee notes the statistics provided by the Government on occupational accidents and cases of occupational diseases detected in the construction sector in 2022, which include seven fatal occupational accidents and eight serious occupational accidents. The Government indicates that this represents 22.6 per cent of all fatal occupational accidents and 17.4 per cent of all serious occupational accidents recorded in 2022, respectively. Noting these figures and noting the indication of the Government under Convention No. 120 that the construction sector recorded the fourth highest number of OSH deficiencies in 2022, with 3,908 such deficiencies detected, the Committee requests the Government to strengthen the measures taken to achieve compliance with the applicable OSH regulations in the sector and to provide information in this respect.

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes the information provided in the report of the Government concerning Article 5(4)(d) (safe storage, transportation and disposal of hazardous substances and waste), Article 7(g) (operation plan and procedures) and Article 13(4) (protection against discrimination and retaliation) of the Convention, which addresses its previous requests.

Article 3 of the Convention. National policy. Following its previous request on this matter, the Committee observes that the Government did not provide information on the elaboration by the Main Mining Authority (HBU) of an OSH policy specific to mining. The Government further indicates that the OSH Strategy 2021-27 does not include specific policies targeting OSH in mines. Accordingly, the Committee once again requests the Government to provide information on any developments regarding the elaboration of an OSH policy specific to mining by the HBU, and to provide a copy of such a policy once adopted.

Article 4(2). Technical standards, guidelines or codes of practice. Following its previous comments, the Committee notes the Government’s indication that, when violations are detected, mining inspectors can issue binding orders to employers, including orders for employers to complete the operational documentation of the mine. In the absence of information on this matter, the Committee once again requests the Government to indicate whether any other technical standards, guidelines or codes of practice on safety and health in mines have been adopted.

Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that 745 inspections have been carried out in 2022, with 522 focusing specifically on OSH and operational safety of mines. The Government indicates that there were 181 occupational accidents in the mining sector in 2022, compared to 171 in 2021 and 200 in 2020. The Committee requests the Government to continue to provide statistics on the number of OSH violations detected in the mining sector and information on their causes, indicating the measures taken to achieve compliance with OSH regulations in the sector.

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

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.

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

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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret 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:

Repetition

Article 2 of the Convention. Formulation, implementation and periodical review of a national policy. The Committee notes the information in the Government’s report according to which the Ministry of Health shall draft proposals concerning the main directions and priorities in the development of health policy in accordance with section 19(a) of Act No. 272/1994 on health care in cooperation with, inter alia, employers’ and workers’ organizations. The Committee requests the Government to provide information on whether the health policy adopted also includes a policy on occupational health services and whether any such policy has been formulated, implemented and periodically reviewed in accordance with this Article of the Convention. As appropriate, please also include a copy of any relevant national policy.

Article 3. Progressive development of occupational health services for all workers and sectors. The Committee notes the Government’s statement that the provisions of Decree No. 458/2006 give effect to this Article of the Convention. The Committee notes however, that this Decree does not seem to provide for any progressive extension of the scope of occupational health services, or for the development of a plan for such progressive extension of the scope. The Committee requests the Government to indicate how effect is given to this Article of the Convention.

Article 4. Tripartite consultation. The Committee notes that the Government’s report is silent as regards the application of the provisions of this Article. The Committee requests the Government to provide information on the manner in which the most representative organizations of employers and workers, where they exist, were consulted on the measures taken to give effect to the provisions of the Convention.

Article 7. Structure of occupational health services. Further to its previous comments on the application of this Article, the Committee notes that the Decree No. 458/2006 submitted by the Government is silent as regards the structure and organization of occupational health services. The Committee requests the Government to indicate whether occupational health services tend to be organized for a single undertaking or whether such services are common to a number of undertakings, and to provide information concerning the system and methods of organizing the occupational health services.

Article 9(1). Composition of personnel at occupational health services; and (2). Cooperation with other services in the undertaking. The Committee notes that the Government refers to the provisions in section 2 of Decree No. 458/2006, concerning the general requirements for the composition of personnel in occupational health services. The Committee notes, however, that the Government’s report is silent as regards the criteria for determining the composition of occupational health services in relation to the activities of the undertaking. The Committee also notes that there is no information regarding the effect given to the requirement for occupational health services to cooperate with other services within the undertaking. The Committee requests the Government to provide additional information on measures taken to give full effect to this Article.

Article 10. Professional independence of health service personnel. Further to its previous comments, the Committee notes that the Government’s report and the Decree No. 458/2006 do not contain any additional information on this issue. The Committee requests the Government to indicate measures taken to ensure that personnel providing occupational health services enjoy full professional independence from employers, workers and their representatives.

Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee notes that the Government’s report is silent as regards the application of the provisions of this Article. It requests the Government to provide information on the measures taken to guarantee that the surveillance of workers’ health involves no loss of earnings for them, that it is free of charge and takes place during working hours, as set out in this provision.

Article 13. Information of occupational health services on factors which may affect the workers’ health. With reference to the specific obligations for the employers to inform workers and their representatives on hazardous chemical factors occurring in the workplace and on hazards involved in the use of carcinogenic and mutagenic substances, in accordance with section 13(n), paragraph 7(b) and paragraph 8 of Act No. 272/1994, the Committee notes that there is no information on a more general provision giving effect to this Article. The Committee requests the Government to indicate the manner in which the workers are informed of health hazards involved in their work.

Article 14. Information to be provided to the occupational health services of any factors which may affect the workers health. Further to its previous comment, the Committee notes that effect does not seem to be given to this Article by the new Decree No. 458/2006 as indicated by the Government in its report. The Committee requests the Government to indicate the measures taken or envisaged to ensure that occupational health services are informed of any factors which may affect workers’ health.

Article 16. Competent authority. Further to its previous comment, the Committee notes that the Government’s report does not contain any information on this issue. The Committee requests the Government to indicate the competent authority or authorities designated for the purpose of this Article.

Part VI of the report form. Application in practice. The Committee notes that the Government’s report does not contain any information on the practical application of this Convention. The Committee once again requests the Government 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.

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

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 following matters raised in its previous direct request which read as follows:

Article 2 of the Convention. Formulation, implementation and periodical review of a national policy. The Committee notes the information in the Government’s report according to which the Ministry of Health shall draft proposals concerning the main directions and priorities in the development of health policy in accordance with section 19(a) of Act No. 272/1994 on health care in cooperation with, inter alia, employers’ and workers’ organizations. The Committee requests the Government to provide information on whether the health policy adopted also includes a policy on occupational health services and whether any such policy has been formulated, implemented and periodically reviewed in accordance with this Article of the Convention. As appropriate, please also include a copy of any relevant national policy.

Article 3. Progressive development of occupational health services for all workers and sectors. The Committee notes the Government’s statement that the provisions of Decree No. 458/2006 give effect to this Article of the Convention. The Committee notes however, that this Decree does not seem to provide for any progressive extension of the scope of occupational health services, or for the development of a plan for such progressive extension of the scope. The Committee requests the Government to indicate how effect is given to this Article of the Convention.

Article 4. Tripartite consultation. The Committee notes that the Government’s report is silent as regards the application of the provisions of this Article. The Committee requests the Government to provide information on the manner in which the most representative organizations of employers and workers, where they exist, were consulted on the measures taken to give effect to the provisions of the Convention.

Article 7. Structure of occupational health services. Further to its previous comments on the application of this Article, the Committee notes that the Decree No. 458/2006 submitted by the Government is silent as regards the structure and organization of occupational health services. The Committee requests the Government to indicate whether occupational health services tend to be organized for a single undertaking or whether such services are common to a number of undertakings, and to provide information concerning the system and methods of organizing the occupational health services.

Article 9(1). Composition of personnel at occupational health services; and (2). Cooperation with other services in the undertaking. The Committee notes that the Government refers to the provisions in section 2 of Decree No. 458/2006, concerning the general requirements for the composition of personnel in occupational health services. The Committee notes, however, that the Government’s report is silent as regards the criteria for determining the composition of occupational health services in relation to the activities of the undertaking. The Committee also notes that there is no information regarding the effect given to the requirement for occupational health services to cooperate with other services within the undertaking. The Committee requests the Government to provide additional information on measures taken to give full effect to this Article.

Article 10. Professional independence of health service personnel. Further to its previous comments, the Committee notes that the Government’s report and the Decree No. 458/2006 do not contain any additional information on this issue. The Committee requests the Government to indicate measures taken to ensure that personnel providing occupational health services enjoy full professional independence from employers, workers and their representatives.

Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee notes that the Government’s report is silent as regards the application of the provisions of this Article. It requests the Government to provide information on the measures taken to guarantee that the surveillance of workers’ health involves no loss of earnings for them, that it is free of charge and takes place during working hours, as set out in this provision.

Article 13. Information of occupational health services on factors which may affect the workers’ health. With reference to the specific obligations for the employers to inform workers and their representatives on hazardous chemical factors occurring in the workplace and on hazards involved in the use of carcinogenic and mutagenic substances, in accordance with section 13(n), paragraph 7(b) and paragraph 8 of Act No. 272/1994, the Committee notes that there is no information on a more general provision giving effect to this Article. The Committee requests the Government to indicate the manner in which the workers are informed of health hazards involved in their work.

Article 14. Information to be provided to the occupational health services of any factors which may affect the workers health. Further to its previous comment, the Committee notes that effect does not seem to be given to this Article by the new Decree No. 458/2006 as indicated by the Government in its report. The Committee requests the Government to indicate the measures taken or envisaged to ensure that occupational health services are informed of any factors which may affect workers’ health.

Article 16. Competent authority. Further to its previous comment, the Committee notes that the Government’s report does not contain any information on this issue. The Committee requests the Government to indicate the competent authority or authorities designated for the purpose of this Article.

Part VI of the report form. Application in practice. The Committee notes that the Government’s report does not contain any information on the practical application of this Convention. The Committee once again requests the Government 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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 following matters raised in its previous direct request which read as follows:

Article 2 of the Convention. Formulation, implementation and periodical review of a national policy. The Committee notes the information in the Government’s report according to which the Ministry of Health shall draft proposals concerning the main directions and priorities in the development of health policy in accordance with section 19(a) of Act No. 272/1994 on health care in cooperation with, inter alia, employers’ and workers’ organizations. The Committee requests the Government to provide information on whether the health policy adopted also includes a policy on occupational health services and whether any such policy has been formulated, implemented and periodically reviewed in accordance with this Article of the Convention. As appropriate, please also include a copy of any relevant national policy.

Article 3. Progressive development of occupational health services for all workers and sectors. The Committee notes the Government’s statement that the provisions of Decree No. 458/2006 give effect to this Article of the Convention. The Committee notes however, that this Decree does not seem to provide for any progressive extension of the scope of occupational health services, or for the development of a plan for such progressive extension of the scope. The Committee requests the Government to indicate how effect is given to this Article of the Convention.

Article 4. Tripartite consultation. The Committee notes that the Government’s report is silent as regards the application of the provisions of this Article. The Committee requests the Government to provide information on the manner in which the most representative organizations of employers and workers, where they exist, were consulted on the measures taken to give effect to the provisions of the Convention.

Article 7. Structure of occupational health services. Further to its previous comments on the application of this Article, the Committee notes that the Decree No. 458/2006 submitted by the Government is silent as regards the structure and organization of occupational health services. The Committee requests the Government to indicate whether occupational health services tend to be organized for a single undertaking or whether such services are common to a number of undertakings, and to provide information concerning the system and methods of organizing the occupational health services.

Article 9, paragraph 1. Composition of personnel at occupational health services; and paragraph 2. Cooperation with other services in the undertaking. The Committee notes that the Government refers to the provisions in section 2 of Decree No. 458/2006, concerning the general requirements for the composition of personnel in occupational health services. The Committee notes, however, that the Government’s report is silent as regards the criteria for determining the composition of occupational health services in relation to the activities of the undertaking. The Committee also notes that there is no information regarding the effect given to the requirement for occupational health services to cooperate with other services within the undertaking. The Committee requests the Government to provide additional information on measures taken to give full effect to this Article.

Article 10. Professional independence of health service personnel. Further to its previous comments, the Committee notes that the Government’s report and the Decree No. 458/2006 do not contain any additional information on this issue. The Committee requests the Government to indicate measures taken to ensure that personnel providing occupational health services enjoy full professional independence from employers, workers and their representatives.

Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee notes that the Government’s report is silent as regards the application of the provisions of this Article. It requests the Government to provide information on the measures taken to guarantee that the surveillance of workers’ health involves no loss of earnings for them, that it is free of charge and takes place during working hours, as set out in this provision.

Article 13. Information of occupational health services on factors which may affect the workers’ health. With reference to the specific obligations for the employers to inform workers and their representatives on hazardous chemical factors occurring in the workplace and on hazards involved in the use of carcinogenic and mutagenic substances, in accordance with section 13(n), paragraph 7(b) and paragraph 8 of Act No. 272/1994, the Committee notes that there is no information on a more general provision giving effect to this Article. The Committee requests the Government to indicate the manner in which the workers are informed of health hazards involved in their work.

Article 14. Information to be provided to the occupational health services of any factors which may affect the workers health. Further to its previous comment, the Committee notes that effect does not seem to be given to this Article by the new Decree No. 458/2006 as indicated by the Government in its report. The Committee requests the Government to indicate the measures taken or envisaged to ensure that occupational health services are informed of any factors which may affect workers’ health.

Article 16. Competent authority. Further to its previous comment, the Committee notes that the Government’s report does not contain any information on this issue. The Committee requests the Government to indicate the competent authority or authorities designated for the purpose of this Article.

Part VI of the report form. Application in practice. The Committee notes that the Government’s report does not contain any information on the practical application of this Convention. The Committee once again requests the Government 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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information in the Government’s report, in particular, the appended Decree No. 458/2006, adopted on 27 June 2006, on “The particulars of the scope and content of the performance of the occupational health service, the composition of the specialist team undertaking it, and the requirements for their professional competence”. The Committee notes that this Decree was adopted pursuant to section 30(3)(a) of a new Act No. 124/2006 on Safety and Protection of Health at Work repealing Act No. 330/1996 on Safety and Protection of Health at Work.

2. Article 2 of the Convention. Formulation, implementation and periodical review of a national policy. The Committee notes the information in the Government’s report according to which the Ministry of Health shall draft proposals concerning the main directions and priorities in the development of health policy in accordance with section 19, paragraph (a) of Act No. 272/1994 on health care in cooperation with, inter alia, employers’ and workers’ organizations. The Committee requests the Government to provide information on whether the health policy adopted also includes a policy on occupational health services and whether any such policy has been formulated, implemented and periodically reviewed in accordance with this Article of the Convention. As appropriate, please also include a copy of any relevant national policy.

3. Article 3. Progressive development of occupational health services for all workers and sectors. The Committee notes the Government’s statement that the provisions of Decree No. 458/2006 give effect to this Article of the Convention. The Committee notes however, that this Decree does not seem to provide for any progressive extension of the scope of occupational health services, or for the development of a plan for such progressive extension of the scope. The Committee requests the Government to indicate how effect is given to this Article of the Convention.

4. Article 4. Tripartite consultation. The Committee notes that the Government’s report is silent as regards the application of the provisions of this Article. The Committee requests the Government to provide information on the manner in which the most representative organizations of employers and workers, where they exist, were consulted on the measures taken to give effect to the provisions of the Convention.

5. Article 7. Structure of occupational health services. Further to its previous comments on the application of this Article, the Committee notes that the Decree No. 458/2006 submitted by the Government is silent as regards the structure and organization of occupational health services. The Committee requests the Government to indicate whether occupational health services tend to be organized for a single undertaking or whether such services are common to a number of undertakings, and to provide information concerning the system and methods of organizing the occupational health services.

6. Article 9, paragraph 1. Composition of personnel at occupational health services; and paragraph 2. Cooperation with other services in the undertaking. The Committee notes that the Government refers to the provisions in section 2 of Decree No. 458/2006, concerning the general requirements for the composition of personnel in occupational health services. The Committee notes, however, that the Government’s report is silent as regards the criteria for determining the composition of occupational health services in relation to the activities of the undertaking. The Committee also notes that there is no information regarding the effect given to the requirement for occupational health services to cooperate with other services within the undertaking. The Committee requests the Government to provide additional information on measures taken to give full effect to this Article.

7. Article 10. Professional independence of health service personnel. Further to its previous comments, the Committee notes that the Government’s report and the Decree No. 458/2006 do not contain any additional information on this issue. The Committee requests the Government to indicate measures taken to ensure that personnel providing occupational health services enjoy full professional independence from employers, workers and their representatives.

8. Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee notes that the Government’s report is silent as regards the application of the provisions of this Article. It requests the Government to provide information on the measures taken to guarantee that the surveillance of workers’ health involves no loss of earnings for them, that it is free of charge and takes place during working hours, as set out in this provision.

9. Article 13. Information of occupational health services on factors which may affect the workers’ health. With reference to the specific obligations for the employers to inform workers and their representatives on hazardous chemical factors occurring in the workplace and on hazards involved in the use of carcinogenic and mutagenic substances, in accordance with section 13(n), paragraph 7(b) and paragraph 8 of Act No. 272/1994, the Committee notes that there is no information on a more general provision giving effect to this Article. The Committee requests the Government to indicate the manner in which the workers are informed of health hazards involved in their work.

10. Article 14. Information to be provided to the occupational health services of any factors which may affect the workers health. Further to its previous comment, the Committee notes that effect does not seem to be given to this Article by the new Decree No. 458/2006 as indicated by the Government in its report. The Committee requests the Government to indicate the measures taken or envisaged to ensure that occupational health services are informed of any factors which may affect workers’ health.

11. Article 16. Competent authority. Further to its previous comment, the Committee notes that the Government’s report does not contain any information on this issue. The Committee requests the Government to indicate the competent authority or authorities designated for the purpose of this Article.

12. Part VI of the report form. Application in practice. The Committee notes that the Government’s report does not contain any information on the practical application of this Convention. The Committee once again requests the Government 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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee takes note of the information provided by the Government in its report.

2. The Committee notes from the Government’s report that the Public Health Office of the Slovak Republic is about to draft a decree laying down details and requirements on occupational health services and that this draft decree is an executing regulation of Act No. 330/1996, Collection of Laws on Safety and Protection of Health at Work. Such a decree is expected to become effective in 2005. The Committee hopes that the abovementioned decree will be adopted soon and that it will give effect to all substantive provisions of the Convention. The Committee hopes in particular that the decree will prescribe measures designed for the determination of the methods of organization of occupational health services (Article 7 of the Convention); for the establishment of the multidisciplinary nature of occupational health services and cooperation between the latter and other services in the undertaking, as well as their cooperation with other bodies concerned with the provision of the health services (Article 9), of full professional independence of the personnel providing occupational health services (Article 10); for the establishment of the obligation of the competent authority to determine the qualification required for the personnel providing occupational health services (Article 11), of the obligation of the employer and workers to inform occupational health services of any known factors and any suspected factors in the working environment which may affect the workers’ health (Article 14), of the requirement to inform occupational health services of occurrences of illness and absence from work for health reasons (Article 15); for the determination of the authority or authorities responsible both for supervising the operation of and for advising occupational health services (Article 16).

3. Part VI of the report form. Practical application. The Committee requests the Government to provide information about the manner in which the Convention is applied in practice with particular attention to statistical data, disaggregated by sex if possible, concerning the activities of occupational health services.

[The Government is asked to reply in detail to the present comments in 2006.]

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that a detailed report due has not been received. It requests the Government to indicate in detail the provisions of laws, regulations, statements or documents which give effect to each of the Articles of the Convention, and any other measures under which they are applied. In addition, please provide any information specifically requested under individual articles in the report form adopted by the Governing Body. Please also specify what steps have been taken to implement the provisions of the Convention requiring action by the competent authority.