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Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government in its report in reply to its previous comments concerning Article 7(2) of the Convention on the prohibition against employing young persons under 16 in work involving exposure to radiation.
General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.
Article 6(2) of the Convention. Maximum permissible doses. The Committee previously noted that section 9(2) of Regulation No. 345/2006, on basic safety requirements for protection of the health of workers and the general public against the effects of ionizing radiation, prescribes that the permissible dose to the lens of the eye is 50 mSv per year. With reference to paragraphs 11 and 32 of its general observation of 2015, the Committee would like to draw the Government’s attention to the most recent recommendations of the International Commission of Radiological Protection that recommend, for radiation workers, an equivalent dose to the lens of the eye of 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year. The Committee requests the Government to provide information on measures taken to review the permissible doses established with respect to the lens of the eye, in light of current knowledge.
Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee previously noted that pursuant to section 125 of the Labour Code, workers transferred to other work due to a risk of contracting an occupational disease are entitled to supplementary pay, for a maximum period of 12 consecutive months from the day of the transfer, if the transfer would cause the workers to receive a lower salary. In this respect, the Committee notes the Government’s indication that if the worker is unable to return to their original post, section 54 of the Labour Code provides that they are to come to an agreement with their employer on a change of working conditions. The Committee requests the Government to provide information on the application in practice of sections 54 and 125 of the Labour Code to workers who, for medical reasons, can no longer perform work involving exposure to ionizing radiations.

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

Legislation. The Committee notes that, in its report, the Government indicates that numerous legislative instruments, which gave effect to the provisions of the Convention, have been replaced. It notes that: (i) Decree No. 67/2002 Coll. on the issuance of the list of selected chemical substances and selected chemical preparations of which the introduction into the market is restricted or prohibited, which gave effect to Articles 1, 2(2), 3 and 4 of the Convention, has been replaced by Act No. 67/2010 on conditions applicable to the placing on the market of chemical substances and chemical mixtures; (ii) Act No. 272/1994 on the protection of human health, which gave effect to Articles 2(1), 5, 7(1), 8(2), 9(1)(a), 11(1) and 13, has been replaced by Act No. 126/2006 on public health; (iii) Regulation No. 45/2002 on the protection of health at work with chemical factors, which gave effect to Article 2(1), has been replaced by Act No. 126/2006; (iv) Regulation No. 46/2002 on the protection of health at work with carcinogenic and mutagenic factors, which gave effect to Articles 5, 6(2), 7(2), 8(1) and 9(1)(b), has been replaced by Act No. 126/2006; (v) Act No. 330/1996 on safety and protection of health at work, which gave effect to Article 8(2), has been replaced by Act No. 124/2006 on safety and protection of health at work; (vi) Regulation No. 504/2002 on the conditions of providing personal protective equipment, which gave effect to Article 8(2), has been replaced by Regulation No. 395/2006 on minimum standards for the provision and usage of protective work equipment; (vii) Act No. 277/1994 on health care, which gave effect to Article 10, has been replaced by Act No. 538/2005 on natural healing waters, natural health resorts, spas and places of natural mineral waters; (viii) Regulation No. 444/2001 on the requirements for using the symbols and signal descriptions for security, safety and protection of health at work, which gave effect to Article 12, has been replaced by Regulation No. 387/2006 on the requirements for securing safety and protection of health at work; and (ix) Act No. 95/2000 on labour inspection, which gave effect to Article 14, has been replaced by Act No. 125/2006 on labour inspection. The Committee requests the Government to indicate the specific provisions of the legislation in force, and to provide information on any other measures, which give effect to the aforementioned Articles of the Convention. It also requests the Government to communicate a copy of the relevant provisions, if possible in one of the working languages of the ILO.

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

Application of the Convention in practice. The Committee notes that, according to the Government, the annual report of the Regional Public Health Authority of the Slovak Republic (RPHA) indicates that the number of persons exposed to selected carcinogenic and mutagenic factors dropped from 7,206 (in 403 workplaces) in 2011 to 3,993 (in 247 workplaces) in 2013, and that the RPHA carried out inspections in numerous sectors of economic activity in 2013, namely pharmaceutical operations, commercial companies, laundry companies and wood-processing factories. The Committee requests the Government to continue to provide detailed information on the application in practice of the Convention in the country, including information concerning the number of workers covered by the legislation, disaggregated by gender, if possible, the number and nature of the contraventions reported, the number, nature and cause of cases of disease, and the number of workplaces concerned, etc.

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

Application of the Convention in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, and to communicate relevant extracts from inspection reports as well as, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by sex if possible, the number and nature of infringements reported, the number of occupational accidents and diseases reported, etc.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Periodical determination of carcinogenic substances and agents. The Committee notes that the Government refers to Act No. 67/2010 Coll., which stipulates the terms of use of chemicals, including carcinogens, and their placement on the market, and to Regulation (EC) No. 1907/2006 concerning the registration, evaluation, authorization and restriction of chemicals (REACH). It indicates that the purpose of REACH is to ensure a high level of human and environmental health, including the promotion of alternative methods for the assessment of chemical hazards, as well as the free circulation of substances on the internal market. It adds that REACH includes in its appendix lists of carcinogenic substances. The Government also mentions lists of selected dangerous carcinogenic substances contained in annexes of Regulation (EC) No. 689/2008 concerning the export and import of dangerous chemicals. However, the Committee cannot assess the effect given to this Article of the Convention, as the relevant legislation is not included in the report. Therefore, the Committee asks the Government to submit a copy of the relevant provisions of Act No. 67/2010 Coll., Regulation (EC) No. 1907/2006 and Regulation (EC) No. 689/2008, including the annexes, to the Office, in one of its official languages if possible. The Committee also requests the Government to provide additional information on the manner in which the carcinogenic substances and agents are periodically determined, particularly in light of the latest information contained in the codes of practice or guides which are established by the International Labour Office, as well as information from other competent bodies.
Article 2. Replacement of carcinogenic substances and agents. The Committee notes that in its report, the Government indicates that the obligation for employers to provide measures to eliminate or reduce worker exposure to carcinogenic and mutagenic substances to the lowest possible and achievable degree is formulated in section 40 of Act No. 355/2007 Coll. Furthermore, the Committee understands that under section 4 of GR No. 356/2006 Coll., employers have the obligation to restrict the use of carcinogenic or mutagenic substances, “if technically possible”, and replace these substances with substances, preparations or processes that are not hazardous, or less hazardous, to health or safety. It also understands that GR No. 356/2006 Coll. specified that employee exposure to carcinogens or mutagens must not exceed the technical values which are defined in the Government regulation. The Committee recalls that the Convention, for its part, requires that the number of workers exposed and the duration and degree of exposure shall be reduced to the “minimum compatible with safety”. The Committee considers that it cannot evaluate the effect given to this Article of the Convention without the relevant legislation. Consequently, the Committee asks the Government to communicate to the Office a copy of Government Regulation No. 356/2006 Coll., in one of its official languages if possible. The Committee also asks the Government to indicate how it determines the threshold defined as “technically possible”, how this threshold conforms to the required “minimum compatible with safety”, and the methods of evaluation.
Part IV of the report form. Application in practice. The Committee notes with interest that the number of workers engaged in hazardous work with carcinogenic substances dropped from 4,399 in 2005 to 2,800 in 2011, and that cases of workers exposed to selected carcinogenic and mutagenic factors in the workplace are registered by regional public health authorities. The Committee requests the Government to continue to give information on the application in practice of the Convention in the country, including information concerning the number of workers covered by the legislation, disaggregated by gender, if possible, the number and nature of the contraventions reported and the number, nature and cause of cases of disease, etc.

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

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
The Committee notes the information contained in the Government’s reports and the attached legislation.
Article 1(1)–(3) of the Convention. Determination of carcinogenic substances and agents. The Committee notes that section 13(s)(13) of the Human Health Protection Act (No. 272 of 1994), Annex No. 3 to the Regulations (No. 45 of 2002) on health protection at work with chemical factors and the list attached to Decree No. 67 of 2002, determine the carcinogenic substances and agents to which occupational exposure are prohibited or made subject to authorization or control. The Committee requests the Government to provide additional information on how effect is given to the requirement for a periodical determination of the substances and agents which should be subject to prohibition, authorization or control and whether any reference is made to the latest information contained in the codes of practice or guides which are established by the International Labour Office, as well as to information from other competent bodies.
Article 2(1). Replacement of carcinogenic substances and agents. The Committee notes that section 13(t), paragraph 3 of Act No. 272/1994 on human health protection, which lays down the requirement of replacing chemical carcinogens as one of the principal measures which is mandatory, “as far as technically practicable”, employers shall be liable to limit uses of carcinogenic or mutagenic factors at workplace, in particular through replacing them by compounds, products or procedures which are not harmful or are less harmful for the health of the employees”. The Convention, for its part, requires that these be reduced to the “minimum compatible with safety”. As these concepts are not necessarily equivalent, the Committee asks the Government to indicate the criteria used in evaluating “technically practicable”, how these criteria conform to the required “minimum compatible with safety”, and the methods of evaluation.
Article 5. Post-employment medical examinations. The Committee notes that Annex 2 to Governmental Regulation No. 45/2002 on health protection at work with chemical factors provides for medical examinations for employees exposed to carcinogenic factors. It also notes that Order No. 2/1991 of the Ministry of Health for preventive examinations of workers carrying out works associated with high risk of occupational diseases, industrial poisoning or other health injury, provides for introductory, periodical and “employment termination” medical examinations. The Committee requests the Government to clarify whether this provision gives effect to the Convention which calls for medical examination or biological or other tests or investigations not only before and during the period of employment, but also thereafter, as are necessary to supervise their state of health in relation to the occupational hazards.
Part IV of the report form. Application in practice and statistical information. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and information concerning the number of workers covered by the legislation, disaggregated by gender, if possible, or other measures which give effect to the Convention, the number and nature of the contraventions reported, the number nature and cause of cases of disease, etc.

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
The Committee notes the information contained in the Government’s reports and the attached legislation.
Article 1(1)–(3) of the Convention. Determination of carcinogenic substances and agents. The Committee notes that section 13(s)(13) of the Human Health Protection Act (No. 272 of 1994), Annex No. 3 to the Regulations (No. 45 of 2002) on health protection at work with chemical factors and the list attached to Decree No. 67 of 2002, determine the carcinogenic substances and agents to which occupational exposure are prohibited or made subject to authorization or control. The Committee requests the Government to provide additional information on how effect is given to the requirement for a periodical determination of the substances and agents which should be subject to prohibition, authorization or control and whether any reference is made to the latest information contained in the codes of practice or guides which are established by the International Labour Office, as well as to information from other competent bodies.
Article 2(1). Replacement of carcinogenic substances and agents. The Committee notes that section 13(t), paragraph 3 of Act No. 272/1994 on human health protection, which lays down the requirement of replacing chemical carcinogens as one of the principal measures which is mandatory, “as far as technically practicable”, employers shall be liable to limit uses of carcinogenic or mutagenic factors at workplace, in particular through replacing them by compounds, products or procedures which are not harmful or are less harmful for the health of the employees”. The Convention, for its part, requires that these be reduced to the “minimum compatible with safety”. As these concepts are not necessarily equivalent, the Committee asks the Government to indicate the criteria used in evaluating “technically practicable”, how these criteria conform to the required “minimum compatible with safety”, and the methods of evaluation.
Article 5. Post-employment medical examinations. The Committee notes that Annex 2 to Governmental Regulation No. 45/2002 on health protection at work with chemical factors provides for medical examinations for employees exposed to carcinogenic factors. It also notes that Order No. 2/1991 of the Ministry of Health for preventive examinations of workers carrying out works associated with high risk of occupational diseases, industrial poisoning or other health injury, provides for introductory, periodical and “employment termination” medical examinations. The Committee requests the Government to clarify whether this provision gives effect to the Convention which calls for medical examination or biological or other tests or investigations not only before and during the period of employment, but also thereafter, as are necessary to supervise their state of health in relation to the occupational hazards.
Part IV of the report form. Application in practice and statistical information. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and information concerning the number of workers covered by the legislation, disaggregated by gender, if possible, or other measures which give effect to the Convention, the number and nature of the contraventions reported, the number nature and cause of cases of disease, etc.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Further to its observation the Committee requests the Government to provide additional information on the following points.

Article 7(2) of the Convention. Prohibition against employing young persons under 16 in work involving exposure to radiation. With reference to its previous comment the Committee notes the information provided by the Government in its report that section 13 of Regulation No. 345/2006, Coll. provides that the dose limits for apprentices and students “until the calendar year in which they reach the age of sixteen years” shall be the same as the limits set for members of the public in section 15. In the view of the Committee, this provision appears to fall short of a prohibition against employing young persons under 16 in work involving exposure to radiation as required by this provision of the Convention. The Committee once again requests the Government to provide further information on how full effect is given, in law and in practice, to this provision of the Convention.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. With reference to its previous comment, the Committee notes with interest that section 125 of the Labour Code regarding wages for performance of other work provides, inter alia, that workers transferred to other work due to a risk of contracting an occupational disease are entitled to supplementary pay at least to the level of the average earnings they received before the transfer if such transfer would cause the workers to receive a lower salary. Such supplementary pay is payable up to a maximum period of 12 consecutive months from the day of the transfer. The Committee requests the Government to indicate what measures are offered to transferred workers after the expiry of the 12-month period referred to in section 125 of the Labour Code.

Exceptional exposure of workers in emergency situations. The Committee notes the information provided in response to its previous comments that section 14 of Regulation No. 345/2006 regulates the exceptional circumstances in which the exposure to radiation in excess of the dose limits for workers set in section 11 of the same Regulation shall be authorized. It is provided that: (a) such exposure must be for a limited period and undertaken only by volunteer workers; (b) activities must be carried out in certain working areas; and (c) the exposure limits authorized may not exceed double the dose limits for workers set in section 11 of the Regulation. With reference thereto the Committee wishes to draw the Government’s attention to paragraphs 17, and 21–22 of its 1992 general observation under this Convention and the notion of “planned special exposure” as a means of protection for emergency work was largely abandoned by the International Commission on Radiological Protection (ICRP) in 1990. With reference to its previous comment, the Committee reiterates its request to the Government to indicate measures taken or envisaged in order to ensure compliance with the ICRP recommendation referred to in its 1992 general observation under the Convention in this respect.

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

The Committee notes the information contained in the Government’s reports and the attached legislation.

Article 1(1)–(3) of the Convention. Determination of carcinogenic substances and agents. The Committee notes that section 13(s)(13) of the Human Health Protection Act (No. 272 of 1994), Annex No. 3 to the Regulations (No. 45 of 2002) on health protection at work with chemical factors and the list attached to Decree No. 67 of 2002, determine the carcinogenic substances and agents to which occupational exposure are prohibited or made subject to authorization or control. The Committee requests the Government to provide additional information on how effect is given to the requirement for a periodical determination of the substances and agents which should be subject to prohibition, authorization or control and whether any reference is made to the latest information contained in the codes of practice or guides which are established by the International Labour Office, as well as to information from other competent bodies.

Article 2(1). Replacement of carcinogenic substances and agents. The Committee notes that section 13(t), paragraph 3 of Act No. 272/1994 on human health protection, which lays down the requirement of replacing chemical carcinogens as one of the principal measures which is mandatory, “as far as technically practicable”, employers shall be liable to limit uses of carcinogenic or mutagenic factors at workplace, in particular through replacing them by compounds, products or procedures which are not harmful or are less harmful for the health of the employees”. The Convention, for its part, requires that these be reduced to the “minimum compatible with safety”. As these concepts are not necessarily equivalent, the Committee asks the Government to indicate the criteria used in evaluating “technically practicable”, how these criteria conform to the required “minimum compatible with safety”, and the methods of evaluation.

Article 5. Post-employment medical examinations. The Committee notes that Annex 2 to Governmental Regulation No. 45/2002 on health protection at work with chemical factors provides for medical examinations for employees exposed to carcinogenic factors. It also notes that Order No. 2/1991 of the Ministry of Health for preventive examinations of workers carrying out works associated with high risk of occupational diseases, industrial poisoning or other health injury, provides for introductory, periodical and “employment termination” medical examinations. The Committee requests the Government to clarify whether this provision gives effect to the Convention which calls for medical examination or biological or other tests or investigations not only before and during the period of employment, but also thereafter, as are necessary to supervise their state of health in relation to the occupational hazards.

Part IV of the report form. Application in practice and statistical information. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and information concerning the number of workers covered by the legislation, disaggregated by gender, if possible, or other measures which give effect to the Convention, the number and nature of the contraventions reported, the number nature and cause of cases of disease, etc.

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

The Committee notes the information that, during the period covered by the report, new legislation, which gives further effect to the Convention, has been adopted including Act No. 124/2006, Coll. on Safety and Protection of Health at Work (as amended); Act No. 125/2006 Coll. on Labour Inspection; Amendments to Act No. 82/2005 Coll. on Illegal Work and Illegal Employment; Act No. 103/2007 Coll. on Tripartite Consultations at the National Level; Act No. 355/2007 Coll. on the Protection, Support and Development of Public Health; Act No. 67/2010 Coll. on the Terms and Conditions for the Introduction of Chemical Substances and Chemical Mixtures on the Market; and Decree No. 45/2010 concerning particulars for ensuring safety and protection of health at agricultural work. The Committee also notes the information provided concerning effect given to Articles 4(2)(c), 5(1) 7(b), 8(1)(a) and (4), 10(a), 13(2), 14 and 19(b) of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 6(2) of the Convention.Information on legal or other provisions prescribing cooperation between two or more employers undertaking activities in an agricultural workplace. The Committee notes the further information provided indicating that section 18 of Act No. 330/1996 on safety and protection of health at work, as amended by later regulations, prescribes cooperation between several employers or natural persons at a single workplace. The Committee reiterates its request to the Government to provide samples of the type of written agreements regulating such cooperation as provided for in section 9 of the abovementioned Act with its next report.

Article 16(1) and (3). Legislative measures prescribing an age limit for the employment of young workers in agriculture. The Committee notes that, according to the Government’s first report, the minimum age for the handling of farm animals was 16 years; and for persons handling and breeding animals and for the handling of machinery, was 18 years. According to the Government some of the relevant regulations were obsolete. The Government also refers to relevant general provisions including the provisions in the Labour Code – Act No. 311/2001 (as amended). The Committee notes that the referenced legislation does not fix any generally applicable specific age limit for employment of young workers in agriculture. The Committee requests the Government to provide further information on how these provisions are applied, in law and in practice, in the country.

Part V of the report form. Application in practice. The Committee takes this opportunity to bring the Government’s attention to the Meeting of Experts that was held 25–29 October 2010 to adopt a code of practice in agriculture (see www.ilo.org/public/english/dialogue/sector/techmeet/mesha10/index.htm). With reference to its previous comments, the Committee again requests the Government to include with its next report copies of internal instructions of the Ministry of Labour, Social Affairs and Family, and of the National Labour Inspectorate in the form of “Directive for education and training of trainee inspectors” and “Directive for continuing education and professional training of inspectors” elaborated in development of paragraph 8 of Act No. 95/2000 on labour inspection, as amended by later regulations referred to in the report. The Committee would also be grateful if the Government would provide extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to its provisions, disaggregated by sex if available, the number and nature of infringements reported, etc.

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

Legislation. The Committee notes the information regarding newly adopted legislation including Act No. 355/2007, Coll. on Protection, Support and Development of Public Health and Regulation No. 345/2006, Coll. on basic safety requirements for protection of the health of workers and the general public against the effects of ionizing radiation, which give effect, inter alia, to Article 12 of the Convention.

Articles 3 and 6 of the Convention. Permitted dose limits. Pregnant workers. Article 7(1)(b). Exposure limits for young persons between 16 and 18 years of age. With reference to its previous comments, the Committee notes with satisfaction the information that Regulation No. 345/2006, Coll., referred to above, provides, inter alia,  that the exposure limit for pregnant women working in a workplace with sources of ionizing radiation shall be such that from the time when the woman informs the operator until the end of her pregnancy the sum of the effective doses from external exposure and the committed effective doses from internal irradiation of the foetus does not exceed 1 mSv, and that the prescribed dose limits for exposure to radiation of young persons between 16 and 18 years of age are in conformity with the relevant exposure limits recommended by the International Commission on Radiological Protection (ICRP), that is: (a) an effective dose of 6 mSv in a year; (b) an equivalent dose to the lens of the eye of 50 mSv in a year; and (c) an equivalent dose to the extremities or the skin of 150 mSv in a year.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes with interest that the Government has submitted a thorough, informative and well-supported first report including appropriate legal references, which has enabled the Committee to draw the preliminary conclusion that most provisions of the Convention are applied in law. The Committee notes, however, the absence of information on the application of the Convention in practice. With reference to Part V of the report form read with Articles 4(2)(c)and 5(1) of the Convention on measures taken to ensure that an adequate and appropriate system of inspection for agricultural workplaces is in place, the Committee also specially requests the Government to include with its next report copies of internal instructions of the Ministry of Labour, Social Affairs and Family, and of the National Labour Inspectorate in the form of “Directive for education and training of trainee inspectors” and “Directive for continuing education and professional training of inspectors” elaborated in development of paragraph 8 of Act No. 95/2000 on labour inspection, as amended by later regulations referred to in the report. The Committee would also be grateful if the Government would provide extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to its provisions, disaggregated by sex, if available, the number and nature of infringements reported, etc.

Article 6, paragraph 2.Information on legal or other provisions prescribing cooperation between two or more employers undertaking activities in an agricultural workplace. The Committee notes with interest that paragraph 9, subparagraph (1), of Act No. 330/1996 on safety and protection of health at work, as amended by later regulations, prescribes that when several employers or natural persons licensed for business discharge duties at a single workplace, they shall cooperate in the prevention, preparation and implementation of measures towards the assurance of safety and protection of health of their employees at work, shall coordinate in their activities and exchange of information; that a written agreement shall be concluded among them, specifying those responsible for establishing the conditions of assurance of safe labour and protection of health of employees at the joint workplace, and the extent of such assurance. The Government is requested to provide with its next report samples of the mentioned written agreements.

Article 14. Compliance with national or other recognized health and safety standards regarding animal handling. Noting the reference made by the Government to numerous legislative or other measures which appear to give effect to this Article of the Convention, the Committee requests the Government to provide copies of the main national standards in this area and further information on the way they are implemented in practice.

In addition, the Committee invites the Government to provide further information on the following points:

–      Article 4(2)(c) – information on the practical implementation of the inter-sectoral coordination referred to in the report;

–      Article 5(1) – legislative or other measures to ensure that inspection services for agricultural workplaces are provided with adequate means;

–      Article 7(b) – legislative or other measures to ensure that employers are required to take into account different language capacities of the workers in the course of training;

–      Article 8(1)(a) – legislative or other measures to ensure that workers have the right to be consulted on safety and health matters including on risks related to new technology;

–      Article 8(4) – information regarding the activities of the Council of Economic and Social Concertation with respect to agriculture;

–      Article 10 – legislative or other measures to prohibit the use of agricultural machinery and equipment for human transportation unless specifically designed to do so;

–      Article 13(2) – legislative or other measures to cover all actions undertaken related to the use of chemicals;

–      Article 16(1) and (3) – legislative measures prescribing an age limit for the employment of young workers in agriculture;

–      Article 19(b) – legislative or other measures providing for a minimum accommodation standard for workers who are required by nature of work to live in the undertaking.

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

The Committee notes the information contained in the Government’s report, including reference to relevant provisions in the Labour Code and Decree No. 12/2001 of the Ministry of Health concerning radiation protection requirements.

Articles 3 and 6 of the Convention. Permitted dose limits.Pregnant workers. The Committee notes that with respect to dose limits for exposure to radiation for pregnant women, section 5 of Decree No. 12/2001, provides that “the effective dose limit from the interior exposure of the foetus shall not exceed 1 mSv counting from the day in which the pregnant woman informs the employer of her pregnancy to the end of the pregnancy”. The Committee notes with interest that this limit is half of the limit of 2 mSv recommended by the International Commission on Radiological Protection (ICRP) referred to in the 1992 general observation under the Convention (paragraph 13). The Committee requests the Government to provide additional information on the application in practice of this provision.

Article 7, paragraph 1(b). Exposure limits for young persons between 16 and 18 years of age. The Committee notes that the dose limits recommended by the ICRP as regards young workers are intended to protect apprentices who are training for employment involving exposure to radiation and for students aged 16 to 18 who are required to use sources in the course of their studies. However, the Committee notes that the scope of section 7 of Decree No. 12/2001 “Limits of radiation exposure for school children and students” is not limited to these categories of persons. Furthermore, while an effective dose limit of 6 mSv in a year corresponds to the limits recommended by the ICRP for this category of persons, section 7 of Decree No. 12/2001 provides for an equivalent dose limit of 150 mSv per year for the eye which is three times more than the limit recommended by the ICRP and an equivalent dose to the extremities of the skin of 500 mSv in a year which is more than three times the limit of 150 mSv recommended by the ICRP. The Committee requests the Government to indicate measures taken or envisaged in order to ensure a full application of the Convention in these respects.

Article 7, paragraph 2. Prohibition against employing young persons under 16 in work involving exposure to radiation. With reference to subparagraph 2 of section 7 of Decree No. 12/2001, which is slightly ambiguous on this point, the Committee requests the Government to clarify whether it is clearly prohibited, in law as well as in practice, to engage young persons under the age of 16 in work which involves exposure to radiation.

Exceptional exposure of workers in emergency situations. The Committee notes that subparagraphs 2 and 3, section 8, of Decree No. 12/2001 set certain exceptionally permitted increased dose limits applicable in emergency situations and that subparagraph 4 of the same section provides that the limits set in these aforementioned subparagraphs 2 and 3 “shall not apply to cases where human life is rescued or the development of a radiation accident with possibly serious social and economic consequences is prevented”. In this regard, the Committee wishes to draw the Government’s attention to item 35(c)(iii) of the conclusions of the Committee’s 1992 general observation under this Convention call for a strict definition of circumstances in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed for immediate and urgent remedial work; that work must be strictly limited in scope and duration to what is required to meet an acute danger to life and health; exceptional exposure of workers is neither justified for the purpose of rescuing items of high material value nor, more generally, because alternative techniques of intervention, which do not involve such exposure of workers, would involve excessive expenses. In light of the foregoing, the Committee requests the Government to indicate measures taken or envisaged in order to ensure a full application of the Convention in these respects.

Article 12. Medical examinations. The Committee notes that current legislation which gives effect to this provision is Act No. 277/1994 on health care (as amended), and that the Government indicates that an executive decree to this Act is under preparation. The Committee hopes that such a decree will soon be adopted and asks the Government to provide a copy of the text once it is adopted.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes that section 55, paragraph 2, of the Labour Code includes an obligation for the employer to transfer an employee to other work if, according to medical opinion, the employee should not perform its work due to occupational disease or the threat of such disease. Against this background, the Committee wishes to draw the attention of the Government to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. The Committee requests the Government to provide, with its next report, the information concerning the practical application of section 55, paragraph 2, of the Labour Code and the efforts made to provide workers concerned with suitable alternative employment or to offer them other means to maintain their income.

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 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.

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

The Committee notes the information contained in the Government’s reports and the attached legislation.

Article 1, paragraphs 1–3, of the Convention. Determination of carcinogenic substances and agents. The Committee notes that section 13(s)(13) of the Human Health Protection Act (No. 272 of 1994), Annex No. 3 to the Regulations (No. 45 of 2002) on health protection at work with chemical factors and the list attached to Decree No. 67 of 2002, determine the carcinogenic substances and agents to which occupational exposure are prohibited or made subject to authorization or control. The Committee requests the Government to provide additional information on how effect is given to the requirement for a periodical determination of the substances and agents which should be subject to prohibition, authorization or control and whether any reference is made to the latest information contained in the codes of practice or guides which are established by the International Labour Office, as well as to information from other competent bodies.

Article 2, paragraph 1. Replacement of carcinogenic substances and agents. The Committee notes that section 13(t), paragraph 3 of Act No. 272/1994 on human health protection, which lays down the requirement of replacing chemical carcinogens as one of the principal measures which is mandatory, “as far as technically practicable”, employers shall be liable to limit uses of carcinogenic or mutagenic factors at workplace, in particular through replacing them by compounds, products or procedures which are not harmful or are less harmful for the health of the employees”. The Convention, for its part, requires that these be reduced to the “minimum compatible with safety”. As these concepts are not necessarily equivalent, the Committee asks the Government to indicate the criteria used in evaluating “technically practicable”, how these criteria conform to the required “minimum compatible with safety”, and the methods of evaluation.

Article 5. Post-employment medical examinations. The Committee notes that Annex 2 to Governmental Regulation No. 45/2002 on health protection at work with chemical factors provides for medical examinations for employees exposed to carcinogenic factors. It also notes that Order No. 2/1991 of the Ministry of Health for preventive examinations of workers carrying out works associated with high risk of occupational diseases, industrial poisoning or other health injury, provides for introductory, periodical and “employment termination” medical examinations. The Committee requests the Government to clarify whether this provision gives effect to the Convention which calls for medical examination or biological or other tests or investigations not only before and during the period of employment, but also thereafter, as are necessary to supervise their state of health in relation to the occupational hazards.

Part IV of the report form. Application in practice and statistical information. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and information concerning the number of workers covered by the legislation, disaggregated by gender, if possible, or other measures which give effect to the Convention, the number and nature of the contraventions reported, the number nature and cause of cases of disease, etc.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report, including reference to relevant provisions in the Labour Code and Decree No. 12/2001 of the Ministry of Health concerning radiation protection requirements.

2. Articles 3 and 6 of the Convention. Permitted dose limits.Pregnant workers. The Committee notes that with respect to dose limits for exposure to radiation for pregnant women, section 5 of Decree No. 12/2001, provides that “the effective dose limit from the interior exposure of the foetus shall not exceed 1 mSv counting from the day in which the pregnant woman informs the employer of her pregnancy to the end of the pregnancy”. The Committee notes with interest that this limit is half of the limit of 2 mSv recommended by the International Commission on Radiological Protection (ICRP) referred to in the 1992 general observation under the Convention (paragraph 13). The Committee requests the Government to provide additional information on the application in practice of this provision. 

3. Article 7, paragraph 1(b). Exposure limits for young persons between 16 and 18 years of age. The Committee notes that the dose limits recommended by the ICRP as regards young workers are intended to protect apprentices who are training for employment involving exposure to radiation and for students aged 16 to 18 who are required to use sources in the course of their studies. However, the Committee notes that the scope of section 7 of Decree No. 12/2001 “Limits of radiation exposure for school children and students” is not limited to these categories of persons. Furthermore, while an effective dose limit of 6 mSv in a year corresponds to the limits recommended by the ICRP for this category of persons, section 7 of Decree No. 12/2001 provides for an equivalent dose limit of 150 mSv per year for the eye which is three times more than the limit recommended by the ICRP and an equivalent dose to the extremities of the skin of 500 mSv in a year which is more than three times the limit of 150 mSv recommended by the ICRP. The Committee requests the Government to indicate measures taken or envisaged in order to ensure a full application of the Convention in these respects.

4. Article 7, paragraph 2. Prohibition against employing young persons under 16 in work involving exposure to radiation. With reference to subparagraph 2 of section 7 of Decree No. 12/2001, which is slightly ambiguous on this point, the Committee requests the Government to clarify whether it is clearly prohibited, in law as well as in practice, to engage young persons under the age of 16 in work which involves exposure to radiation.

5. Exceptional exposure of workers in emergency situations. The Committee notes that subparagraphs 2 and 3, section 8, of Decree No. 12/2001 set certain exceptionally permitted increased dose limits applicable in emergency situations and that subparagraph 4 of the same section provides that the limits set in these aforementioned subparagraphs 2 and 3 “shall not apply to cases where human life is rescued or the development of a radiation accident with possibly serious social and economic consequences is prevented”. In this regard, the Committee wishes to draw the Government’s attention to item 35(c)(iii) of the conclusions of the Committee’s 1992 general observation under this Convention call for a strict definition of circumstances in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed for immediate and urgent remedial work; that work must be strictly limited in scope and duration to what is required to meet an acute danger to life and health; exceptional exposure of workers is neither justified for the purpose of rescuing items of high material value nor, more generally, because alternative techniques of intervention, which do not involve such exposure of workers, would involve excessive expenses. In light of the foregoing, the Committee requests the Government to indicate measures taken or envisaged in order to ensure a full application of the Convention in these respects.

6. Article 12. Medical examinations. The Committee notes that current legislation which gives effect to this provision is Act No. 277/1994 on health care (as amended), and that the Government indicates that an executive decree to this Act is under preparation. The Committee hopes that such a decree will soon be adopted and asks the Government to provide a copy of the text once it is adopted.

7.  Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes that section 55, paragraph 2, of the Labour Code includes an obligation for the employer to transfer an employee to other work if, according to medical opinion, the employee should not perform its work due to occupational disease or the threat of such disease. Against this background, the Committee wishes to draw the attention of the Government to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. The Committee requests the Government to provide, with its next report, the information concerning the practical application of section 55, paragraph 2, of the Labour Code and the efforts made to provide workers concerned with suitable alternative employment or to offer them other means to maintain their income.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s reports and the attached legislation.

2. Article 1, paragraphs 1-3, of the Convention. Determination of carcinogenic substances and agents. The Committee notes that section 13(s)(13) of the Human Health Protection Act (No. 272 of 1994), Annex No. 3 to the Regulations (No. 45 of 2002) on health protection at work with chemical factors and the list attached to Decree No. 67 of 2002, determine the carcinogenic substances and agents to which occupational exposure are prohibited or made subject to authorization or control. The Committee requests the Government to provide additional information on how effect is given to the requirement for a periodical determination of the substances and agents which should be subject to prohibition, authorization or control and whether any reference is made to the latest information contained in the codes of practice or guides which are established by the International Labour Office, as well as to information from other competent bodies.

3. Article 2, paragraph 1. Replacement of carcinogenic substances and agents. The Committee notes that section 13(t), paragraph 3 of Act No. 272/1994 on human health protection, which lays down the requirement of replacing chemical carcinogens as one of the principal measures which is mandatory, “as far as technically practicable”, employers shall be liable to limit uses of carcinogenic or mutagenic factors at workplace, in particular through replacing them by compounds, products or procedures which are not harmful or are less harmful for the health of the employees”. The Convention, for its part, requires that these be reduced to the “minimum compatible with safety”. As these concepts are not necessarily equivalent, the Committee asks the Government to indicate the criteria used in evaluating “technically practicable”, how these criteria conform to the required “minimum compatible with safety”, and the methods of evaluation.

4. Article 5. Post-employment medical examinations. The Committee notes that Annex 2 to Governmental Regulation No. 45/2002 on health protection at work with chemical factors provides for medical examinations for employees exposed to carcinogenic factors. It also notes that Order No. 2/1991 of the Ministry of Health for preventive examinations of workers carrying out works associated with high risk of occupational diseases, industrial poisoning or other health injury, provides for introductory, periodical and “employment termination” medical examinations. The Committee requests the Government to clarify whether this provision gives effect to the Convention which calls for medical examination or biological or other tests or investigations not only before and during the period of employment, but also thereafter, as are necessary to supervise their state of health in relation to the occupational hazards.

5. Part IV of the report form. Application in practice and statistical information. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and information concerning the number of workers covered by the legislation, disaggregated by gender, if possible, or other measures which give effect to the Convention, the number and nature of the contraventions reported, the number nature and cause of cases of disease, etc.

 

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

1. The Committee notes with interest that the Government has submitted a thorough, informative and well-supported first report including appropriate legal references, which has enabled the Committee to draw the preliminary conclusion that most provisions of the Convention are applied in law. The Committee notes, however, the absence of information on the application of the Convention in practice. With reference to Part V of the report form read with Articles 4, paragraph 2(c), 5, paragraph 1, of the Convention on measures taken to ensure that an adequate and appropriate system of inspection for agricultural workplaces is in place, the Committee also specially requests the Government to include with its next report copies of internal instructions of the Ministry of Labour, Social Affairs and Family, and of the National Labour Inspectorate in the form of "Directive for education and training of trainee inspectors" and "Directive for continuing education and professional training of inspectors" elaborated in development of paragraph 8 of Act No. 95/2000 on labour inspection, as amended by later regulations referred to in the report. The Committee would also be grateful if the Government would provide extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to its provisions, disaggregated by sex, if available, the number and nature of infringements reported, etc.

2. Article 6, paragraph 2. Information on legal or other provisions prescribing cooperation between two or more employers undertaking activities in an agricultural workplace. The Committee notes with interest that paragraph 9, subparagraph (1), of Act No. 330/1996 on safety and protection of health at work, as amended by later regulations, prescribes that when several employers or natural persons licensed for business discharge duties at a single workplace, they shall cooperate in the prevention, preparation and implementation of measures towards the assurance of safety and protection of health of their employees at work, shall coordinate in their activities and exchange of information; that a written agreement shall be concluded among them, specifying those responsible for establishing the conditions of assurance of safe labour and protection of health of employees at the joint workplace, and the extent of such assurance. The Government is requested to provide with its next report samples of the mentioned written agreements.

3. Article 14. Compliance with national or other recognized health and safety standards regarding animal handling. Noting the reference made by the Government to numerous legislative or other measures which appear to give effect to this Article of the Convention, the Committee requests the Government to provide copies of the main national standards in this area and further information on the way they are implemented in practice.

4. In addition, the Committee invites the Government to provide further information on the following points:

Article 4, paragraph 2(c) - information on the practical implementation of the inter-sectoral coordination referred to in the report;

Article 5, paragraph 1 - legislative or other measures to ensure that inspection services for agricultural workplaces are provided with adequate means;

Article 7, paragraph (b) - legislative or other measures to ensure that employers are required to take into account different language capacities of the workers in the course of training;

Article 8, paragraph 1(a) - legislative or other measures to ensure that workers have the right to be consulted on safety and health matters including on risks related to new technology;

Article 8, paragraph 4 - information regarding the activities of the Council of Economic and Social Concertation with respect to agriculture;

Article 10 - legislative or other measures to prohibit the use of agricultural machinery and equipment for human transportation unless specifically designed to do so;

Article 13, paragraph 2 - legislative or other measures to cover all actions undertaken related to the use of chemicals;

Article 16, paragraphs 1 and 3 - legislative measures prescribing an age limit for the employment of young workers in agriculture;

Article 19, paragraph (b) - legislative or other measures providing for a minimum accommodation standard for workers who are required by nature of work to live in the undertaking.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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:

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes with interest the information provided by the Government in its report, that new legislation is being prepared on health protection against unfavourable effects of ionizing radiation, based on Act No. 272/1994, Coll. of Acts on health protection against ionizing radiation. Referring also to its 1992 general observation on the Convention, the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted that fully apply the Convention and are consistent with the dose limits set out in the 1990 International Commission on Radiation Protection Recommendations, and the 1994 Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources.

2. Emergency exposure situations. Referring to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 general observation under the Convention, and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

3. The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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:

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes with interest the information provided by the Government in its report, that new legislation is being prepared on health protection against unfavourable effects of ionizing radiation, based on Act No. 272/1994, Coll. of Acts on health protection against ionizing radiation. Referring also to its 1992 general observation on the Convention, the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted that fully apply the Convention and are consistent with the dose limits set out in the 1990 International Commission on Radiation Protection Recommendations, and the 1994 Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources.

2. Emergency exposure situations. Referring to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 general observation under the Convention, and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

3. The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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:

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes with interest the information provided by the Government in its report, that new legislation is being prepared on health protection against unfavourable effects of ionizing radiation, based on Act No. 272/1994, Coll. of Acts on health protection against ionizing radiation. Referring also to its 1992 general observation on the Convention, the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted that fully apply the Convention and are consistent with the dose limits set out in the 1990 International Commission on Radiation Protection Recommendations, and the 1994 Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources.

2. Emergency exposure situations. Referring to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 general observation under the Convention, and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

3. The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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:

1.  Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention.  The Committee notes with interest the information provided by the Government in its report, that new legislation is being prepared on health protection against unfavourable effects of ionizing radiation, based on Act No. 272/1994, Coll. of Acts on health protection against ionizing radiation. Referring also to its 1992 general observation on the Convention, the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted that fully apply the Convention and are consistent with the dose limits set out in the 1990 International Commission on Radiation Protection Recommendations, and the 1994 Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources.

2.  Emergency exposure situations.  Referring to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 general observation under the Convention, and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

3.  The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee would draw the Government's attention to the matters raised in its General Observation of 1992 on the basis of the new findings set out in the 1990 Recommendations of the International Commission on Radiological Protection. It requests the Government to indicate the measures taken to ensure the effective protection of workers in the light of current knowledge, in conformity with Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, and to indicate the steps taken or being considered in relation to the various points raised in the conclusions to the 1992 general observation on the Convention.

[The Government is requested to supply a detailed report on the Convention in 1995.]

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

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes with interest the information provided by the Government in its report, that new legislation is being prepared on health protection against unfavourable effects of ionizing radiation, based on Act No. 272/1994, Coll. of Acts on health protection against ionizing radiation. Referring also to its 1992 General Observation on the Convention, the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted that fully apply the Convention and are consistent with the dose limits set out in the 1990 International Commission on Radiation Protection Recommendations, and the 1994 Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources.

2. Emergency exposure situations. Referring to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 General Observation under the Convention, and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

3. The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 General Observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes from the Government's report that there has been no change in the application of the Convention.

The Committee would draw the Government's attention to the matters raised in its General Observation of 1992 on the basis of the new findings set out in the 1990 Recommendations of the International Commission on Radiological Protection. It requests the Government to indicate the measures taken to ensure the effective protection of workers in the light of current knowledge, in conformity with Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, and to indicate the steps taken or being considered in relation to the various points raised in the conclusions to the General Observation.

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