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)

Article 3. Determination of the scope of application in case of doubt. The Committee notes the Government’s indication, in reply to its previous request, that while the tripartite Economic and Social Council has not held any discussions specifically regarding the applicability of the Convention, a number of issues falling within its scope were discussed as a part of other materials and strategies examined by the Council. The Committee requests the Government to supply information on possible cases concerning the scope of application of the Convention which have arisen and on the manner in which such cases may have been settled. The Committee also requests the Government to provide information on the issues discussed by the Economic and Social Council which fell within the scope of the Convention.

Application of the Convention in practice. The Committee notes the information that while infringements detected by labour inspectors have decreased by 2.02 per cent from 2012 (14,730 in 2013), the largest number of infringements were noted within smaller undertakings, mainly with regard to workplace equipment, health protection and the condition of listed equipment. The Committee requests the Government to continue to provide information in respect of the application of the Convention in practice, including extracts from inspection reports and statistics on the number and nature of infringements identified by the labour inspectorate and the measures taken in this respect.

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

Legislation. The Committee notes the Government’s indication that Decree No. 374/1990 Coll. on the safety of work and technological equipment at construction sites has been replaced by 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. However, Decree No. 147/2013 was not communicated with the report and the Committee is therefore unable to assess its impact on the application of the Convention. The Committee requests the Government to provide a copy of Decree No. 147/2013, if possible in one of the working languages of the ILO, and to continue to communicate information on legislative developments in relation to the application of the Convention.

Application of the Convention in practice. The Committee notes the statistical information provided by the Government showing the number of occupational accidents and diseases, but notes that specific information on the construction industry, including the number of workers, is not provided. The Committee requests the Government to provide information on the practical application of the Convention, including excerpts of reports of the labour inspection service, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported including the main causes of accidents in the construction sector.

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

Article 5(1) and (2) of the Convention. Consultations of representatives of employers and workers. The Committee notes the Government’s indication that the Economic and Social Council of the Slovak Republic, a tripartite consultation mechanism established by Act No. 103/2007 Coll. on tripartite consultations at the national level, is involved in the elaboration of all legislative acts and programmes. However, the Government does not provide any information on the discussions of the Economic and Social Council with regard to the effect given to the provisions of the Convention, including on the elaboration of provisions concerning the practical implementation of the measures to be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration. The Committee requests the Government to provide information on the discussions of the Economic and Social Council relating to the effect given to the Convention in the country and the actions taken as a result of these discussions.

Article 8(2) and (3). Consultation of technically competent persons designated by employers’ and workers’ organizations and regular revision of exposure limits. The Committee notes that the Economic and Social Council, in accordance with section 10 of Act No. 103/2007 Coll. and article 8 of its Standing Orders, establishes advisory bodies for the individual fields of its activities, comprised of experts appointed by representatives of the Government and the social partners. The Government also indicates that the criteria and the determination of the exposure limits are prepared by the Ministry of Economy, in accordance with the relevant legislation of the European Union. The Committee requests the Government to provide further information on the activities of the advisory bodies of the Economic and Social Council in the field of occupational safety and health, and to indicate if the experts of these bodies are consulted in the elaboration of the criteria and the determination of the exposure limits (Article 8(2)). The Committee also requests the Government to provide information on the European Union legislation taken into account for the preparation of the criteria and the determination of the exposure limits, and to indicate the measures taken, in law and in practice, to ensure that they are regularly established, supplemented and revised (Article 8(3)).

Application of the Convention in practice. The Committee notes the information provided by the Government indicating that, in 2013, 316 occupational diseases were recorded and that the second highest cause of disease was working with vibrating work equipment. The Committee also notes that 0.1 per cent of occupational injuries recorded in 2013 resulted from the negative influence of noise, vibration, insufficient lighting and from the negative impact of environment. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including information on the number of workers covered by the legislation, the number, nature and cause of accidents and diseases reported, and the number and nature of the contraventions reported.

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

Article 3 of the Convention. National policy. The Committee notes the Government’s indication that the Main Mining Authority (HBU) is presently elaborating its occupational safety and health policy (hereinafter the “OSH policy relating to mines”) on the basis of the newly adopted Occupational Safety and Health Protection Strategy in the Slovak Republic up until 2020 (hereinafter the “2020 strategy”) and its implementation programme for the years 2013–15. However, the Committee notes that the 2020 strategy and the Government’s report does not contain any details about specific policies or programmes for mines. The Committee requests the Government to provide more details on the OSH policy relating to mines, elaborated by the HBU, and to provide a copy of this policy once it is adopted.

Article 4(2). Technical standards, guidelines or codes of practice. The Committee notes the Government’s indication that the HBU and the district mining authorities are competent to control the application of internal regulations on safety in mines (that is, operational documentation), which employers are obliged to develop to ensure the safety and protection of health at work. The Committee requests the Government to provide further information on the internal regulations employers are obliged to develop including, for instance, their scope of application and content. It also 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. If so, please transmit a copy of such documents.

Article 5(4)(d). Safe storage, transportation and disposal of hazardous substances and waste. The Committee notes the Government’s indication that sections 21 and 37 of Act No. 364/2004 Coll. on Waters, applicable to natural and legal persons, regulates the management of waste water. Regarding the transportation of mine waste, the Committee notes that the Government refers to section 3 of Act No. 514/2008 Coll. concerning the management of waste from the extractive industry. However, section 3 of the Act refers only to the storage and disposal of mining waste. The Committee therefore once again requests the Government to provide additional information as to how transportation of mine waste is regulated.

Article 7(g). Operation plan and procedures for a safe system of work. The Committee notes that the Government refers to its reply concerning Article 3 and does not provide the information requested in its previous comments. Therefore, once again, the Committee requests the Government to provide further information on employers’ obligations regarding the drawing up and implementation of an operating plan and procedures to ensure a safe system of work and the protection of workers.

Article 13(4). Protection against discrimination and retaliation. The Committee notes that pursuant to section 9 of Act No. 365/2004 Coll. on Equal treatment, every person is entitled to equal treatment and protection against discrimination, while section 19(5) of Act No. 124/2006 provides that the employer must create the conditions required for the execution of the employee safety representatives’ function. The Committee requests the Government to provide further information on the measures taken, in law and in practice, to ensure that the rights of workers and their representatives, set out under Article 13(1) and (2) of the Convention, can be exercised without retaliation.

Application of the Convention in practice. The Committee notes that, according to the report of the HBU, 255 occupational accidents were recorded in 2013, compared to 275 in 2012. It also notes that the number of injuries in surface workplaces increased from 52 in 2012 to 60 in 2013, and that 52 new cases of occupational diseases were identified by the HBU, as opposed to 38 in 2012. The Committee requests the Government to continue providing information on the practical application of the Convention, including, for instance: the number of workers covered by the measures giving effect to the Convention, disaggregated by gender; the number and nature of accidents and diseases at mines; and extracts from the annual reports of the HBU or the labour inspectorate, showing the number and nature of infringements and sanctions imposed.

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 2014, published 104th ILC session (2015)

Article 2(2) of the Convention. Account taken of the principles set out in instruments of the ILO relevant to the promotional framework for occupational safety and health. The Committee notes the Government’s indication that the principles set out in ILO instruments that have not been ratified are taken into account when new legislation is prepared in order to ensure that no substantial changes to the legislation would be necessary in the event of the ratification of those instruments in the future. The Committee asks the Government to provide further details about the principles, set out in the instruments of the ILO relevant to the promotional framework for occupational safety and health, that have been taken into account and the legislation concerned.

Article 2(3). Measures that could be taken, in consultation with social partners, to ratify relevant occupational safety and health Conventions. The Committee notes the Government’s indication, in reply to its previous comments, that the Coordination Committee for Occupational Safety and Health (OSH) is not currently holding discussions on the possible ratification of other OSH Conventions. The Committee asks the Government to take appropriate steps so as to ensure that periodic consideration is given to measures that could be taken to ratify relevant ILO occupational safety and health Conventions, and to provide information on the outcome of the consultations held in this respect during the period covered by the next report.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases, taking into account relevant ILO instruments. The Committee notes that the Government provides statistical information but does not respond to its previous request concerning the manner in which account is taken of relevant ILO instruments for the collection and analysis of data. The Committee therefore once again asks the Government to indicate the manner in which account is taken of relevant ILO instruments for the collection and analysis of data, namely the Protocol of 2002 to the Occupational Safety and Health Convention, 1981.

Article 5(1). Formulation, implementation, monitoring, evaluation and periodical review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s reference to the occupational safety and health protection strategy in the Slovak Republic until 2020 (hereinafter the 2020 strategy) and to the evaluation of performance of this strategy and its implementation programme for the years 2013–15 which provides an appreciation of the country’s OSH system. The Committee notes from the Government’s report that stakeholders have worked together, namely through the Coordination Committee for OSH, in order to achieve the objectives, goals and priorities of the 2020 strategy in 2013. The Committee asks the Government to provide further information on the periodic consultations with the social partners, particularly with regard to the periodical review of the 2020 strategy, including information on the results of these consultations.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee notes that the basic goals of the 2020 strategy include a reduction in the number of occupational accidents, particularly fatal occupational accidents and accidents with lifelong consequences, as well as the elimination of the causes of occupational diseases, the improvement of prevention and the strengthening of labour culture, in comparison with the status achieved in 2012. The Committee asks the Government to provide information on any targets and indicators of progress relating to the 2020 strategy, and to continue to provide information on its objectives.

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

Article 5(1) and (2) of the Convention. Consultations of representatives of employers and workers. With reference to the Government’s previous report, the Committee notes that section 10 of Act No. 124/2006 Coll. of 2 February 2006 on occupational safety and health protection imposes an obligation upon employers to cooperate with workers and their representatives with a view to addressing health and safety issues in the working environment, in conformity with Article 5(3) of the Convention. It however notes that the reports submitted by the Government remain silent with regard to the consultations with the most representative organizations of employers and workers concerned in giving effect to the provisions of the Convention, provided by Article 5(1), and the association of representatives of employers and workers with the elaboration of provisions concerning the practical implementation of the measures prescribed under Article 4 of the Convention, in accordance with Article 5(2). The Committee would therefore be grateful if the Government would provide information on the procedure followed for giving effect to Article 5(1) and (2) of the Convention.

Article 8(2) and (3). Consultation of technically competent persons designated by employers’ and workers’ organizations and regular revision of exposure limits. As the report is silent on these matters, the Committee requests the Government to indicate the measures taken, in law and in practice, to ensure that the competent authority takes into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned, in the elaboration of the criteria and the determination of the exposure limits (Article 8(2)); and that the criteria and exposure limits shall be established, supplemented and revised regularly in the light of current national and international knowledge and data (Article 8(3)).

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government indicating that in 2011 the most frequent occupational risk factor was noise exposure (84.6 per cent of all workers performing hazardous work), while 4.9 per cent of such workers were exposed to vibrations. Statistics also showed that the most hazardous industry was industrial manufacturing and that there was a slight decrease in the number of workers exposed to occupational risk in the working environment. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including information on the number of workers covered by the legislation; the number, nature and cause of accidents reported; and the number and nature of the contraventions reported.

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

Legislation. The Committee notes the information contained in the Government’s latest report, and in particular notes the reference to recent legislation that has been adopted to give further application to the Convention. The Committee also notes the information provided concerning effect given to the following Articles of the Convention: Articles 2(f), 17(2), 21(2), 24, 26(3) and 28(4). The Committee requests the Government to continue to provide information on legislative developments in relation to the Convention.

Article 8(1)(a) of the Convention. Two or more employers simultaneously undertaking activities. The Committee notes the explanations provided by the Government that pursuant to section 3(1) of Government Regulation No. 396/2006 Coll. concerning minimum safety and health requirements for construction sites, every builder designates a safety coordinator with respect to a construction site where more than one employer or more than one natural person, who is an entrepreneur and not an employer, performs work. Section 6(1) of the Government Regulations provides that the coordinator’s role is to ensure the implementation of work at the construction site in respect of safety and health protection, and that the safety coordinator may be a natural person authorized to perform the activities of a construction site manager or of construction supervision, or an authorized safety engineer. In this connection, section 24(1) of Act No. 124/2006 concerning safety and protection of health at work provides the necessary educational background, work experience and examinations for authorized safety engineers. The Committee requests the Government to clarify whether it is the principal contractor, or other person or body with actual control over, or primary responsibility for, overall construction site activities, that is responsible for designating a safety coordinator, and for the overall responsibility for coordinating the prescribed safety and health measures.

Part VI of the report form. Application in practice. The Committee notes the detailed information provided by the Government concerning the number of employees working in the construction industry and an overview of the Concept of Safety and Protection of Health at Work for the Period 2008–12, which contains measures aimed at the gradual reduction of the number of occupational accidents per 100 employees by 25 per cent compared to the situation in 2006. It also notes the statistical information provided by the Government showing the number of occupational accidents and diseases. The Committee invites the Government to continue to provide information on the practical application of the Convention, including excerpts of reports of the labour inspection service, showing the number and nature of contraventions of the national legislation mentioned in the Government’s report and the sanctions imposed.

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

Legislation. The Committee notes the information provided by the Government in its latest report, and in particular its reference to recent legislation that has been adopted to give further application to the Convention, specifically: Act. No. 355/2007 on the protection, promotion and development of public health; Regulation of Government No. 391/2006 on minimum safety and health requirements for workplaces; and the Decrees of the Slovak Ministry of Health No. 544/2007 on the particulars of health protection against occupational exposure to heat and cold; No. 292/2008 on the particulars of the scope and content of the performance of occupational health services and the composition of the specialist team; No. 542/2007 on the particulars of health protection against physical stress; and No. 541/2007 on the particulars of lighting requirements at work. The Committee also notes the information provided concerning effect given to Articles 12, 14 and 16 of the Convention. The Committee requests the Government to continue to provide information on legislative developments in relation to the application of the Convention.

Article 3. Procedure to determine the scope of application in case of doubt. In relation to its previous comments, the Committee notes the Government’s indication that legislative proposals on occupational safety and health are discussed by the tripartite Economic and Social Council. The Committee therefore requests the Government to indicate whether the Economic and Social Council has had any discussions or made any determinations regarding the applicability of this Convention to certain establishments, institutions or administrative services.

Part IV of the report form. Application in practice. The Committee requests the Government to provide information in respect of the application of the Convention in practice, including extracts from inspection reports and statistics on the number and nature of infringements identified by the labour inspectorate and the measures taken in this respect.

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

Article 3 of the Convention. National policy. The Committee notes the information provided by the Government, in particular a copy of the Concept of Safety and the Protection of Health at Work for the period of 2008 to 2012, approved by Government Resolution No. 114 of 20 February 2008 (hereinafter the “OSH Concept”). It recalls in this connection that the Convention requires the formulation, carrying out and reviewing of a national policy on safety and health in mines, particularly regarding the measures to give effect to the provisions of the Convention. It notes that the OSH Concept is of a general nature and does not appear to contain specific policies or programmes for mines. The Committee therefore requests the Government to clarify whether any relevant authorities, such as the Main Mining Authority (HBU), has adopted and implemented policies and programmes specifically concerning safety and health in mines, following the adoption of the OSH Concept, and, if so, to provide a copy of such policies and programmes.

Article 4(2). Technical standards, guidelines or codes of practice. The Committee notes that the Slovak Standards Institute (SUTN) adopted technical standards on specific equipment used and various operations in mines. The Committee requests the Government to indicate whether any other technical standards, guidelines or codes of practices on safety and health in mines have so far been adopted, for instance, those for the use of the employers and workers at mines. If so, please transmit a copy of such documents.

Article 5(4)(d). Safe storage, transportation and disposal of hazardous substances and waste. The Committee notes the Government’s reference to Act No. 514/2008 Coll. concerning the management of waste from the extractive industry. In particular, it notes that section 1(2)(b) of the Act provides that the Act does not apply to waste water. The Committee requests the Government to clarify how the management of waste water from mines is regulated. The Committee also notes that the Act does not appear to expressly provide for transportation of mining waste. Section 3 of the Act on basic duties refers only to storage and disposal of mining waste, and section 5(2) on waste management plans provides for treatment and disposal of waste from mines, but not specifically for their transportation. The Committee therefore requests the Government to provide additional information as to how transportation of mine waste is regulated.

Article 7(g). Operation plan and procedures for a safe system of work. The Committee notes the Government’s indication that section 6 of Act No. 51/1988 Coll. on mining process, explosives and State Mining Administration provides all of the foreseeable risks against which employers are required to take accident prevention measures. The Committee requests the Government to provide further information on employers’ obligations regarding the drawing up of an operating plan and procedures to ensure a safe system of work and the protection of workers.

Article 12. Two or more employers undertake activities at the same mine. The Committee notes the Government’s reference to Government Regulation No. 117/2002 Coll. and to the Decrees of the HBU Nos 21/1989 Coll. 29/1989 Coll., and 50/1989 Coll. on safety and the protection of health at work and safety of mining operation and process. The Committee reiterates, however, that while they provide for cooperation between the different enterprises operating in the same mine and the role of the employer responsible for the mine to “coordinate” the implementation of safety and health measures, they do not specifically provide that this employer must assume primary responsibility for the safety of the operations. The Committee requests the Government to provide further information on the effect given to this Article.

Article 13(2) and (3). Rights and duties of safety and health representatives. The Committee notes that section 19 of Act No. 124/2006 Coll. provides for an employee safety representative. This section prescribes the procedure for appointment, the powers of the representative and the obligations of employers with respect to the employee safety representatives. While noting that this section gives effect to many of the provisions under Article 13(2) and (3) of the Convention, the Committee requests the Government to explain how the following provisions of the Convention are given effect: Article 13(2)(b)(i) and (f) and Article 13(4). Furthermore, the Government is also requested to provide a copy of any relevant regulations providing for details on the procedures for the exercise of the rights and duties of the employee representatives on safety.

Part V of the report form. Application in practice. The Committee notes the report of the State Mining Administration on the status of safety and the protection of health at work; developments in occupational accidents and diseases; and other damage to health. It also notes a copy of the evaluation report on the performance of the OSH Concept. It further notes the latest annual report (2010) of the HBU, in which the HBU refers to the increased emphasis of inspection placed on health and safety, resulting in a 50 per cent increase in administrative operations. The HBU also reports on the investigation into the causes of fatal accidents in cooperation with the mine trade unions and the petroleum industry. The Committee requests the Government to continue providing information on the practical application of the Convention, including, for instance, the number of workers covered by the measures giving effect to the Convention, disaggregated by gender; the number and nature of accidents and diseases at mines; and extracts from the inspection reports of the HBU or the labour inspectorate, showing the number and nature of infringements and sanctions imposed.

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

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:

Repetition

The Committee notes the detailed information provided which indicates that effect is given to most provisions of the Convention.

Article 11(3). Maintenance of income. The Committee notes the reference made to sections 55–56 of the Act No. 311/2001, Coll. (Labour Code) which imposes an obligation on employers to transfer an employee to a different work if a medical opinion states that continued work is inadvisable. With reference to the terms of the Convention, the Committee requests the Government to provide further information on measures taken to ensure that workers can maintain their income in cases where an alternative employment may not be available.

Article 11(4). Rights under social security or social insurance. The Committee notes that the report is silent as regards the application of this provision. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the present provision.

Part IV of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including for instance, extracts from the reports of the inspection services, and, if such statistics are available information on the number of workers covered by the relevant legislation and other measures, the number and nature of contraventions reported, etc.

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

The Committee takes note of the Government’s first report on the application of this Convention.

Legislation. The Committee notes the information provided by the Government that the following documents give effect to the implementation of the Convention: Act. No. 124/2006 Coll. on Safety and Protection of Health at Work and on amendments and supplements to certain acts as amended by later regulations; Resolution No. 114 of 20 February 2008 approving the Occupational Safety and Health Protection Concept for the period 2008–09; and Act No. 125/2006 Coll. on Labour Inspection and on amendments and supplements to Act No. 82/2005 Coll. on Illegal Work and Illegal Employment. The Committee invites the Government to keep the Office informed of any relevant legislative developments in this respect.

Article 2(2) of the Convention. Account taken of the principles set out in instruments of the ILO relevant to the promotional framework for occupational safety and health. The Committee notes the information provided by the Government’s report that the general and specific measures to ensure occupational safety and health (OSH) are regulated through normative legal regulations, which are also further developed by measures contained in governmental documents. The Committee also notes that national legislative and non-legislative measures are given effect by relevant binding documents of the European Union and the instruments of the ILO. The Committee asks the Government to provide information on the manner in which it takes into account the principles set out in the instruments of the ILO relevant to the promotional framework for occupational safety and health (listed in the Annex of Recommendation No. 197 concerning the promotional framework for occupational safety and health) that have not been ratified.

Article 2(3). Measures that could be taken, in consultation with social partners, to ratify relevant occupational safety and health Conventions. The Committee notes that the consultative OSH coordination committee ensures the monitoring of the status, needs and application of principal OSH activities for the purposes of the design and evaluation of OSH state policy. The Committee asks the Government to indicate whether periodic consideration has been given to measures that could be taken to ratify relevant ILO occupational safety and health Conventions and the outcome of the consultations held during the period covered by the next report.

Article 4(1). Establish, maintain, progressively develop and periodically review a national OSH system in consultation with the social partners. The Committee notes that the Government has established a national system through the design and implementation of legislative and programme measures to ensure the promotion of OSH. The Committee asks the Government to provide an appreciation of the functioning of the system, including information on the results of the periodic consultation with social partners.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. The Committee notes the information provided in the report that several measures for promotion of cooperation have been introduced at the corporate level as well as the supra-corporate level. The Committee asks the Government to indicate how this cooperation applies to micro-enterprises and small and medium-sized enterprises (SMEs); and to provide information on the functioning of this cooperation at the level of the undertaking in practice.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases, taking into account relevant ILO instruments. The Committee notes that the National Labour Inspectorate processes and evaluates data on occupational injuries for statistical purposes. The Committee asks the Government to indicate the manner in which account is taken of relevant ILO instruments for the collection and analysis of data.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, SMEs and in the informal economy. The Committee notes that a motivation campaign entitled “Safe Enterprise” is designated for small and medium-sized enterprises. The Committee asks the Government to continue to provide information on the support mechanisms referred to in this paragraph, in relation to micro-enterprises and the informal economy and the collaboration with social partners on the promotion of OSH.

Article 5(1). Formulation, implementation, monitoring, evaluation and periodical review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication that the OSH Concept contains a specification of priorities including individual tasks and measures which is continuously monitored and evaluated by the OSH coordination committee with experts including the representatives of social partners. The Committee asks the Government to provide further information on the content of such programmes and of the outcome of consultations held in this regard.

Article 5(2)(a). Promote the development of a national preventative safety and health culture. The Committee notes that the “Good Practice Rules in OSH” and “Safe Enterprise” are preventative OSH activities arising from the OSH Concept and its Implementation Programme. The Committee asks the Government to provide further relevant information on the implementation of these programmes to develop the national preventative safety and health culture.

Article 5(2)(c). Formulation and review of the national programme on the basis of the national situation, including analysis of the national system. The Committee notes that the tasks and measures formulated in the OSH Concept and its Implementation Programme were based on long-term statistics of occupational accidents and diseases. The findings of the labour inspection organs and supervisory organs also affect the formulation of OSH measures. The Committee notes that a report is submitted annually to the session of the Government by the Ministry of Labour, Social Affairs and Family. The Committee requests the Government to provide information on the results of its review of the national programme on the basis of the national situation.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee notes the information that the primary aim of the OSH Concept (2008–12) is to decrease the number of occupational injuries per 100 employees by 25 per cent compared to 2006 figures. The Committee requests the Government to continue to provide information on the objectives, targets and indicators of progress in relation to the OSH Concept for the period 2008–12.

Article 5(3). Publicize the national programme. The Committee notes that the OSH Concept is approved through Resolution No. 114 of 20 February 2008 and requires relevant ministries to undertake the assignment, cooperation and continuous control of their implementation and updating. The Committee requests the Government to provide further relevant information concerning the publicizing activities of the authorities, and in particular on how the programme is publicized among workers, employers and the public in general.

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 3 of the Convention. Information on the procedure determining the establishment, institution or administrative service to which the Convention applies. The Committee requests the Government to indicate which procedure should be applied in the case in which it is doubtful whether an establishment, institution or administrative service is one to which this Convention applies, as well as in what manner it is ensured that the representative organizations of employers and workers concerned participate in such procedures.

Article 12. Measures to ensure a sufficient supply of drinking water. The Committee notes the Government’s reference to section 13 of Act No. 272/1994 on human health protection which deals with a control of the quality of the water destined for human consumption. The Government is requested to indicate legislative or other provisions ensuring that a sufficient supply of drinking water is made available to workers.

Article 14. Information on supply for workers sufficient and suitable seats. The Committee notes that in connection with the application of this Article of the Convention, the Government refers to point 16 of Annex No. 1 to Governmental Regulation No. 201/2001 on Minimum Safety and Health Requirements for the Workplace requiring the establishment of restrooms for employees with sufficient numbers of seats. The Committee notes that this provision of the Convention concerns the equipment in working premises not restrooms. The Government is therefore requested to indicate measures taken or envisaged to ensure that work premises are equipped with seats in sufficient numbers.

Article 16. Information on provisions ensuring that underground or windowless premises would comply with appropriate standards of hygiene. The Committee notes the Government’s reference to STS-CSS-36 0450 of 1986 –artificial illumination of internal premises dealing with requirements related to suitable lighting for underground and windowless premises. The Committee requests the Government to supply information in its next report on applicable standards regarding other hygienic aspects for such premises.

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

The Committee notes the detailed information provided which indicates that effect is given to most provisions of the Convention.

Article 11(3). Maintenance of income. The Committee notes the reference made to sections 55–56 of the Act No. 311/2001, Coll. (Labour Code) which imposes an obligation on employers to transfer an employee to a different work if a medical opinion states that continued work is inadvisable. With reference to the terms of the Convention, the Committee requests the Government to provide further information on measures taken to ensure that workers can maintain their income in cases where an alternative employment may not be available.

Article 11(4). Rights under social security or social insurance. The Committee notes that the report is silent as regards the application of this provision. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the present provision.

Part IV of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including for instance, extracts from the reports of the inspection services, and, if such statistics are available information on the number of workers covered by the relevant legislation and other measures, the number and nature of contraventions reported, 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

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 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(f) of the Convention. Qualifications and skills of responsible employees. The Committee notes the Government’s statement that section 2(t) of Decree No. 374/1990 on labour safety and technical devices at building works defines a “responsible employee” as an employee in charge of work management within their assigned sector, authorized to take decisions. The Committee requests the Government to clarify whether and how it is ensured that responsible employees have the qualifications, experience and skills required for ensuring safe performance of work as provided in this provision.

Article 8(1)(a). Cooperation concerning OSH measures between two or more employers simultaneously undertaking activities at one construction site. The Committee notes the Government’s statement that section 9 of Act No. 330/1996 of 12 June 1989 on occupational safety and health provides that if two or more employers undertake activities at the same time at one construction site, employers shall cooperate in the prevention, preparation and execution of measures to guarantee occupational safety and health coordination of their activities. In this regard, written agreement needs to be concluded amongst them, defining who is responsible, and in what regard, for creating conditions for occupational safety and health protection at the one construction site. If agreement is not reached, each of the parties is fully accountable. The Committee requests the Government to clarify how effect is given to this paragraph if an agreement is not reached between the different contractors.

Article 17(2). Provision of OSH instructions and information in a form understood by workers. The Committee notes the Government’s statement that section 7 of Regulation No. 470/2003 on minimum safety and health requirements for using personal protective equipment governs issues related to informing and briefing employees using work equipment. In this regard, the employer shall adopt measures to inform and brief employees on using the work equipment, in compliance with special regulation (Act No. 330/1996, as amended), and, if needed, provide them with written operational instructions for the working tool. The Committee notes that there is no reference in the legislative text to instruction for safe use “in a form understood by workers”, and therefore, the said section 7 does not ensure that instructions are understood by illiterate workers or those who may not speak the local language, such as migrant labour. The Committee requests the Government to indicate how effect is given to this provision of the Convention.

Article 21(2). Aptitude for work in compressed air. The Committee notes the Government’s statement that work in compressed air is “work with special risks”. It also indicates that employers are obliged to allocate jobs considering the employee’s health condition, skills and competencies. Section 8(a), subsection 1(l), of Act No. 330/1996, as amended, provides that work is assigned to employees only when it corresponds to their state of health. Employers are also obliged under section 8(a), subsection 1(o), to arrange for regular health surveillance with respect to the nature of the work. Section 8(a), subsection 1(n), also states that, according to the health hazard rate and for selected occupations, they shall provide regular preventive medical exams, as laid down in special regulations. The Committee requests the Government to clarify whether the aptitude of workers in the context of work in compressed air also is verified through medical surveillance.

Article 24. Precautions in case of demolition of buildings that might present a danger to the public. The Committee notes the Government’s statement that Annex 3, Part II, subparagraph 11, of Regulation No. 510/2001 on minimum safety and health requirements at construction sites, provides that necessary measures shall be taken and safe work procedures applied when the demolition of any building or structure might present a danger to workers. Work is planned and executed under permanent supervision of a competent responsible person. The Committee requests the Government to provide further information on the precautions applied in the context of demolition of buildings containing asbestos.

Article 26(3). Technical rules and standards for the laying and maintenance of electrical cables. The Committee notes that the Government’s report is silent on this issue. The Committee therefore requests the Government to indicate applicable technical rules and standards for laying and maintenance of electrical cables.

Article 28(4). Disposal of waste at construction sites. The Committee notes the Government’s statement that Decree No. 59/1982 on the principal requirements to ensure occupational safety and safety of technical equipment as amended, provides that waste materials must be removed from the place of their generation in order to avoid their hazardous influence on work safety. If waste materials are hazardous, necessary measures shall be taken to guarantee occupational health and safety at the place where these are generated, collected and disposed of. The Committee requests the Government to indicate how effect is given to this provision as regards the disposal of asbestos waste.

Part VI of the report form. Application in practice. The Committee notes the statistical information provided by the Government that during the period from 1998 to 2003, the number of inspections increased from 245 to 2,482. It also notes that 7,478 infringements were reported in 1998 against 4,781 in 2003, which is a significant decrease. It also notes that the number of serious accidents have decreased from 52 in 1993 to 31 in 2003. The Committee requests the Government to continue to provide information on the practical application of the Convention, as well as on the number of workers covered by the legislation. The Government is also requested to indicate what further measures have been taken or are envisaged to continue to bring down the number of accidents in the construction industry.

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 3 of the Convention. Formulation, carrying out and periodic review of a national policy. The Committee notes the information provided by the Government in which reference is made to general actions taken in the area of occupational safety and health. With reference to the more specific requirements in Article 3 of the Convention, the Committee would be grateful if the Government would provide additional information on whether any national policy on safety and health in mines has been formulated and whether measures have been taken to implement and periodically review this policy.

Article 4(2). Technical standards, guidelines and codes of practice. The Committee notes that while the Government refers to a large number of legislative instruments giving effect to the Convention, the Committee notes that the Government’s report is silent on the more specific issue as to whether more technical standards, guidelines of codes of practice have been developed to assist in the practical implementation of the Convention. The Committee requests the Government to indicate whether technical standards, guidelines or codes of practice supplementing the national laws and regulations have been adopted giving effect to the Convention.

Article 5(4)(d). Safe storage, transportation and disposal of hazardous substances and waste produced at the mines. The Committee notes that section 32 of Decree No. 21/1989 provides that the employer shall identify sites for waste bins and waste must be removed from the underground areas at regular intervals. The Committee requests the Government to provide more specific information on how the safe storage, transportation and disposal of hazardous substances used in the mining process and waste produced at the mine is ensured in practice.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. The Committee notes that section 3(4) of Decree No. 117/2002 provides that when different employers work together at the same workplace, each employer shall be held responsible for the activities of which she/he is in charge and that the employer responsible for the workplace shall coordinate the implementation of all measures concerning employees’ safety and health protection. The Committee requests the Government to indicate whether specific provisions of national legislation according to which employer in charge of the mine is held primarily responsible for the safety of operations, when two or more employers undertake activities at the same mine.

Noting that the Government’s report is silent on these issues, the Committee requests the Government to provide information on how effect is given to the following provisions of the Convention:

• – Article 7(g). Operation plan and procedures ensuring a safe system of work;
• – Article 13(2)(c). Rights of safety and health representatives to have recourse to advisers and independent experts; and
• – Article 13(3). Rights and duties of workers and their representatives.

Part V of the report form. Application in practice. In order to be able to appreciate the application in practice of the present Convention in Slovakia, the Committee requests the Government to provide a general appreciation of how it is applied and to supply extracts from inspection reports, and where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by gender, if possible, the number and nature of the infringements, etc.

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

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:

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.

Article 3 of the Convention. Information on the procedure determining the establishment, institution or administrative service to which the Convention applies. The Committee requests the Government to indicate which procedure should be applied in the case in which it is doubtful whether an establishment, institution or administrative service is one to which this Convention applies, as well as in what manner it is ensured that the representative organizations of employers and workers concerned participate in such procedures.

Article 12. Measures to ensure a sufficient supply of drinking water. The Committee notes the Government’s reference to section 13 of Act No. 272/1994 on human health protection which deals with a control of the quality of the water destined for human consumption. The Government is requested to indicate legislative or other provisions ensuring that a sufficient supply of wholesome drinking water is made available to workers.

Article 14. Information on supply for workers sufficient and suitable seats. The Committee notes that in connection with the application of this Article of the Convention, the Government refers to point 16 of Annex No. 1 to Governmental Regulation No. 201/2001 on Minimum Safety and Health Requirements for the Workplace requiring the establishment of restrooms for employees with sufficient numbers of seats. The Committee notes that this provision of the Convention concerns the equipment in working premises not restrooms. The Government is therefore requested to indicate measures taken or envisaged to ensure that work premises are equipped with seats in sufficient numbers.

Article 16. Information on provisions ensuring that underground or windowless premises would comply with appropriate standards of hygiene. The Committee notes the Government’s reference to STS-CSS-36 0450 of 1986 –artificial illumination of internal premises dealing with requirements related to suitable lighting for underground and windowless premises. The Committee requests the Government to supply information in its next report on applicable standards regarding other hygienic aspects for such premises.

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 that the Government’s report has not been received. It also notes the significant legislative changes introduced since the Government’s most recent report including the adoption of the Act No. 124/2006 on occupational safety and health repealing Act No. 330/1996 on occupational safety and health protection at work as well as the adoption of several new ordinances relevant for the application of the Convention including Ordinance No. 115/2006 on minimum safety and health requirements to protect employees against risks. Against this background the Committee requests the Government to submit a detailed report on the application of the Convention to enable the Committee to be able to assess the effect currently given to the Convention.

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 2010, published 100th ILC session (2011)

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:

Article 2(f) of the Convention. Qualifications and skills of responsible employees. The Committee notes the Government’s statement that section 2(t) of Decree No. 374/1990 on labour safety and technical devices at building works defines a “responsible employee” as an employee in charge of work management within their assigned sector, authorized to take decisions. The Committee requests the Government to clarify whether and how it is ensured that responsible employees have the qualifications, experience and skills required for ensuring safe performance of work as provided in this provision.

Article 8(1)(a). Cooperation concerning OSH measures between two or more employers simultaneously undertaking activities at one construction site. The Committee notes the Government’s statement that section 9 of Act No. 330/1996 of 12 June 1989 on occupational safety and health provides that if two or more employers undertake activities at the same time at one construction site, employers shall cooperate in the prevention, preparation and execution of measures to guarantee occupational safety and health coordination of their activities. In this regard, written agreement needs to be concluded amongst them, defining who is responsible, and in what regard, for creating conditions for occupational safety and health protection at the one construction site. If agreement is not reached, each of the parties is fully accountable. The Committee requests the Government to clarify how effect is given to this paragraph if an agreement is not reached between the different contractors.

Article 17(2). Provision of OSH instructions and information in a form understood by workers. The Committee notes the Government’s statement that section 7 of Regulation No. 470/2003 on minimum safety and health requirements for using personal protective equipment governs issues related to informing and briefing employees using work equipment. In this regard, the employer shall adopt measures to inform and brief employees on using the work equipment, in compliance with special regulation (Act No. 330/1996, as amended), and, if needed, provide them with written operational instructions for the working tool. The Committee notes that there is no reference in the legislative text to instruction for safe use “in a form understood by workers”, and therefore, the said section 7 does not ensure that instructions are understood by illiterate workers or those who may not speak the local language, such as migrant labour. The Committee requests the Government to indicate how effect is given to this provision of the Convention.

Article 21(2). Aptitude for work in compressed air. The Committee notes the Government’s statement that work in compressed air is “work with special risks”. It also indicates that employers are obliged to allocate jobs considering the employee’s health condition, skills and competencies. Section 8(a), subsection 1(l), of Act No. 330/1996, as amended, provides that work is assigned to employees only when it corresponds to their state of health. Employers are also obliged under section 8(a), subsection 1(o), to arrange for regular health surveillance with respect to the nature of the work. Section 8(a), subsection 1(n), also states that, according to the health hazard rate and for selected occupations, they shall provide regular preventive medical exams, as laid down in special regulations. The Committee requests the Government to clarify whether the aptitude of workers in the context of work in compressed air also is verified through medical surveillance.

Article 24. Precautions in case of demolition of buildings that might present a danger to the public. The Committee notes the Government’s statement that Annex 3, Part II, subparagraph 11, of Regulation No. 510/2001 on minimum safety and health requirements at construction sites, provides that necessary measures shall be taken and safe work procedures applied when the demolition of any building or structure might present a danger to workers. Work is planned and executed under permanent supervision of a competent responsible person. The Committee requests the Government to provide further information on the precautions applied in the context of demolition of buildings containing asbestos.

Article 26(3). Technical rules and standards for the laying and maintenance of electrical cables. The Committee notes that the Government’s report is silent on this issue. The Committee therefore requests the Government to indicate applicable technical rules and standards for laying and maintenance of electrical cables.

Article 28(4). Disposal of waste at construction sites. The Committee notes the Government’s statement that Decree No. 59/1982 on the principal requirements to ensure occupational safety and safety of technical equipment as amended, provides that waste materials must be removed from the place of their generation in order to avoid their hazardous influence on work safety. If waste materials are hazardous, necessary measures shall be taken to guarantee occupational health and safety at the place where these are generated, collected and disposed of. The Committee requests the Government to indicate how effect is given to this provision as regards the disposal of asbestos waste.

Part VI of the report form. Application in practice. The Committee notes the statistical information provided by the Government that during the period from 1998 to 2003, the number of inspections increased from 245 to 2,482. It also notes that 7,478 infringements were reported in 1998 against 4,781 in 2003, which is a significant decrease. It also notes that the number of serious accidents have decreased from 52 in 1993 to 31 in 2003. The Committee requests the Government to continue to provide information on the practical application of the Convention, as well as on the number of workers covered by the legislation. The Government is also requested to indicate what further measures have been taken or are envisaged to continue to bring down the number of accidents in the construction industry.

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

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:

Article 3 of the Convention. Formulation, carrying out and periodic review of a national policy. The Committee notes the information provided by the Government in which reference is made to general actions taken in the area of occupational safety and health. With reference to the more specific requirements in Article 3 of the Convention, the Committee would be grateful if the Government would provide additional information on whether any national policy on safety and health in mines has been formulated and whether measures have been taken to implement and periodically review this policy.

Article 4(2). Technical standards, guidelines and codes of practice. The Committee notes that while the Government refers to a large number of legislative instruments giving effect to the Convention, the Committee notes that the Government’s report is silent on the more specific issue as to whether more technical standards, guidelines of codes of practice have been developed to assist in the practical implementation of the Convention. The Committee requests the Government to indicate whether technical standards, guidelines or codes of practice supplementing the national laws and regulations have been adopted giving effect to the Convention.

Article 5(4)(d). Safe storage, transportation and disposal of hazardous substances and waste produced at the mines. The Committee notes that section 32 of Decree No. 21/1989 provides that the employer shall identify sites for waste bins and waste must be removed from the underground areas at regular intervals. The Committee requests the Government to provide more specific information on how the safe storage, transportation and disposal of hazardous substances used in the mining process and waste produced at the mine is ensured in practice.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. The Committee notes that section 3(4) of Decree No. 117/2002 provides that when different employers work together at the same workplace, each employer shall be held responsible for the activities of which she/he is in charge and that the employer responsible for the workplace shall coordinate the implementation of all measures concerning employees’ safety and health protection. The Committee requests the Government to indicate whether specific provisions of national legislation according to which employer in charge of the mine is held primarily responsible for the safety of operations, when two or more employers undertake activities at the same mine.

Noting that the Government’s report is silent on these issues, the Committee requests the Government to provide information on how effect is given to the following provisions of the Convention:

–      Article 7(g). Operation plan and procedures ensuring a safe system of work;

–      Article 13(2)(c). Rights of safety and health representatives to have recourse to advisers and independent experts; and

–      Article 13(3). Rights and duties of workers and their representatives.

Part V of the report form. Application in practice. In order to be able to appreciate the application in practice of the present Convention in Slovakia, the Committee requests the Government to provide a general appreciation of how it is applied and to supply extracts from inspection reports, and where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by gender, if possible, the number and nature of the infringements, etc.

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:

Article 2, paragraph (f), of the Convention. Qualifications and skills of responsible employees. The Committee notes the Government’s statement that section 2(t) of Decree No. 374/1990 on labour safety and technical devices at building works defines a “responsible employee” as an employee in charge of work management within their assigned sector, authorized to take decisions. The Committee requests the Government to clarify whether and how it is ensured that responsible employees have the qualifications, experience and skills required for ensuring safe performance of work as provided in this provision.

Article 8, paragraph 1(a). Cooperation concerning OSH measures between two or more employers simultaneously undertaking activities at one construction site. The Committee notes the Government’s statement that section 9 of Act No. 330/1996 of 12 June 1989 on occupational safety and health provides that if two or more employers undertake activities at the same time at one construction site, employers shall cooperate in the prevention, preparation and execution of measures to guarantee occupational safety and health coordination of their activities. In this regard, written agreement needs to be concluded amongst them, defining who is responsible, and in what regard, for creating conditions for occupational safety and health protection at the one construction site. If agreement is not reached, each of the parties is fully accountable. The Committee requests the Government to clarify how effect is given to this paragraph if an agreement is not reached between the different contractors.

Article 17, paragraph 2. Provision of OSH instructions and information in a form understood by workers. The Committee notes the Government’s statement that section 7 of Regulation No. 470/2003 on minimum safety and health requirements for using personal protective equipment governs issues related to informing and briefing employees using work equipment. In this regard, the employer shall adopt measures to inform and brief employees on using the work equipment, in compliance with special regulation (Act No. 330/1996, as amended), and, if needed, provide them with written operational instructions for the working tool. The Committee notes that there is no reference in the legislative text to instruction for safe use “in a form understood by workers”, and therefore, the said section 7 does not ensure that instructions are understood by illiterate workers or those who may not speak the local language, such as migrant labour. The Committee requests the Government to indicate how effect is given to this provision of the Convention.

Article 21, paragraph 2. Aptitude for work in compressed air. The Committee notes the Government’s statement that work in compressed air is “work with special risks”. It also indicates that employers are obliged to allocate jobs considering the employee’s health condition, skills and competencies. Section 8(a), subsection 1(l) of Act No. 330/1996, as amended, provides that work is assigned to employees only when it corresponds to their state of health. Employers are also obliged under section 8(a), subsection 1(o) to arrange for regular health surveillance with respect to the nature of the work. Section 8(a), subsection 1(n) also states that according to the health hazard rate and for selected occupations, they shall provide regular preventive medical exams, as laid down in special regulations. The Committee requests the Government to clarify whether the aptitude of workers in the context of work in compressed air also is verified through medical surveillance.

Article 24. Precautions in case of demolition of buildings that might present a danger to the public. The Committee notes the Government’s statement that Annex 3, Part II, subparagraph 11 of Regulation No. 510/2001 on minimum safety and health requirements at construction sites, provides that necessary measures shall be taken and safe work procedures applied when the demolition of any building or structure might present a danger to workers. Work is planned and executed under permanent supervision of a competent responsible person. The Committee requests the Government to provide further information on the precautions applied in the context of demolition of buildings containing asbestos.

Article 26, paragraph 3. Technical rules and standards for the laying and maintenance of electrical cables. The Committee notes that the Government’s report is silent on this issue. The Committee therefore requests the Government to indicate applicable technical rules and standards for laying and maintenance of electrical cables.

Article 28, paragraph 4. Disposal of waste at construction sites. The Committee notes the Government’s statement that Decree No. 59/1982 on the principal requirements to ensure occupational safety and safety of technical equipment as amended, provides that waste materials must be removed from the place of their generation in order to avoid their hazardous influence on work safety. If waste materials are hazardous, necessary measures shall be taken to guarantee occupational health and safety at the place where these are generated, collected and disposed of. The Committee requests the Government to indicate how effect is given to this provision as regards the disposal of asbestos waste.

Part VI of the report form. Application in practice. The Committee notes the statistical information provided by the Government that during the period from 1998 to 2003, the number of inspections increased from 245 to 2,482. It also notes that 7,478 infringements were reported in 1998 against 4,781 in 2003, which is a significant decrease. It also notes that the number of serious accidents have decreased from 52 in 1993 to 31 in 2003. The Committee requests the Government to continue to provide information on the practical application of the Convention, as well as on the number of workers covered by the legislation. The Government is also requested to indicate what further measures have been taken or are envisaged to continue to bring down the number of accidents in the construction industry.

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:

Article 3 of the Convention. Formulation, carrying out and periodic review of a national policy. The Committee notes the information provided by the Government in which reference is made to general actions taken in the area of occupational safety and health. With reference to the more specific requirements in Article 3 of the Convention, the Committee would be grateful if the Government would provide additional information on whether any national policy on safety and health in mines has been formulated and whether measures have been taken to implement and periodically review this policy.

Article 4, paragraph 2. Technical standards, guidelines and codes of practice. The Committee notes that while the Government refers to a large number of legislative instruments giving effect to the Convention, the Committee notes that the Government’s report is silent on the more specific issue as to whether more technical standards, guidelines of codes of practice have been developed to assist in the practical implementation of the Convention. The Committee requests the Government to indicate whether technical standards, guidelines or codes of practice supplementing the national laws and regulations have been adopted giving effect to the Convention.

Article 5, paragraph 4(d). Safe storage, transportation and disposal of hazardous substances and waste produced at the mines. The Committee notes that section 32 of Decree No. 21/1989 provides that the employer shall identify sites for waste bins and waste must be removed from the underground areas at regular intervals. The Committee requests the Government to provide more specific information on how the safe storage, transportation and disposal of hazardous substances used in the mining process and waste produced at the mine is ensured in practice.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. The Committee notes that section 3(4) of Decree No. 117/2002 provides that when different employers work together at the same workplace, each employer shall be held responsible for the activities of which she/he is in charge and that the employer responsible for the workplace shall coordinate the implementation of all measures concerning employees’ safety and health protection. The Committee requests the Government to indicate whether specific provisions of national legislation according to which employer in charge of the mine is held primarily responsible for the safety of operations, when two or more employers undertake activities at the same mine.

Noting that the Government’s report is silent on these issues, the Committee requests the Government to provide information on how effect is given to the following provisions of the Convention:

–      Article 7(g). Operation plan and procedures ensuring a safe system of work;

–      Article 13(2)(c). Rights of safety and health representatives to have recourse to advisers and independent experts; and

–      Article 13(3). Rights and duties of workers and their representatives.

Part V of the report form. Application in practice. In order to be able to appreciate the application in practice of the present Convention in Slovakia, the Committee requests the Government to provide a general appreciation of how it is applied and to supply extracts from inspection reports, and where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by gender, if possible, the number and nature of the infringements, etc.

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.

Article 3 of the Convention. Information on the procedure determining the establishment, institution or administrative service to which the Convention applies. The Committee requests the Government to indicate which procedure should be applied in the case in which it is doubtful whether an establishment, institution or administrative service is one to which this Convention applies, as well as in what manner it is ensured that the representative organizations of employers and workers concerned participate in such procedures.

Article 12. Measures to ensure a sufficient supply of drinking water. The Committee notes the Government’s reference to section 13 of Act No. 272/1994 on human health protection which deals with a control of the quality of the water destined for human consumption. The Government is requested to indicate legislative or other provisions ensuring that a sufficient supply of wholesome drinking water is made available to workers.

Article 14. Information on supply for workers sufficient and suitable seats. The Committee notes that in connection with the application of this Article of the Convention, the Government refers to point 16 of Annex No. 1 to Governmental Regulation No. 201/2001 on Minimum Safety and Health Requirements for the Workplace requiring the establishment of restrooms for employees with sufficient numbers of seats. The Committee notes that this provision of the Convention concerns the equipment in working premises not restrooms. The Government is therefore requested to indicate measures taken or envisaged to ensure that work premises are equipped with seats in sufficient numbers.

Article 16. Information on provisions ensuring that underground or windowless premises would comply with appropriate standards of hygiene. The Committee notes the Government’s reference to STS-CSS-36 0450 of 1986 –artificial illumination of internal premises dealing with requirements related to suitable lighting for underground and windowless premises. The Committee requests the Government to supply information in its next report on applicable standards regarding other hygienic aspects for such premises.

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

The Committee notes that the Government’s report has not been received. It also notes the significant legislative changes introduced since the Government’s most recent report including the adoption of the Act No. 124/2006 on occupational safety and health repealing Act No. 330/1996 on occupational safety and health protection at work as well as the adoption of several new ordinances relevant for the application of the Convention including Ordinance No. 115/2006 on minimum safety and health requirements to protect employees against risks. Against this background the Committee requests the Government to submit a detailed report on the application of the Convention to enable the Committee to be able to assess the effect currently given to the Convention. 

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 2008, published 98th ILC session (2009)

Article 2, paragraph (f) of the Convention. Qualifications and skills of responsible employees. The Committee notes the Government’s statement that section 2(t) of Decree No. 374/1990 on labour safety and technical devices at building works defines a “responsible employee” as an employee in charge of work management within their assigned sector, authorized to take decisions. The Committee requests the Government to clarify whether and how it is ensured that responsible employees have the qualifications, experience and skills required for ensuring safe performance of work as provided in this provision.

Article 8, paragraph 1(a). Cooperation concerning OSH measures between two or more employers simultaneously undertaking activities at one construction site. The Committee notes the Government’s statement that section 9 of
Act No. 330/1996 of 12 June 1989 on occupational safety and health provides that if two or more employers undertake activities at the same time at one construction site, employers shall cooperate in the prevention, preparation and execution of measures to guarantee occupational safety and health coordination of their activities. In this regard, written agreement needs to be concluded amongst them, defining who is responsible, and in what regard, for creating conditions for occupational safety and health protection at the one construction site. If agreement is not reached, each of the parties is fully accountable. The Committee requests the Government to clarify how effect is given to this paragraph if an agreement is not reached between the different contractors.

Article 17, paragraph 2. Provision of OSH instructions and information in a form understood by workers. The Committee notes the Government’s statement that section 7 of Regulation No. 470/2003 on minimum safety and health requirements for using personal protective equipment governs issues related to informing and briefing employees using work equipment. In this regard, the employer shall adopt measures to inform and brief employees on using the work equipment, in compliance with special regulation (Act No. 330/1996, as amended), and, if needed, provide them with written operational instructions for the working tool. The Committee notes that there is no reference in the legislative text to instruction for safe use “in a form understood by workers”, and therefore, the said section 7 does not ensure that instructions are understood by illiterate workers or those who may not speak the local language, such as migrant labour. The Committee requests the Government to indicate how effect is given to this provision of the Convention.

Article 21, paragraph 2. Aptitude for work in compressed air. The Committee notes the Government’s statement that work in compressed air is “work with special risks”. It also indicates that employers are obliged to allocate jobs considering the employee’s health condition, skills and competencies. Section 8(a), subsection 1(l) of Act No. 330/1996, as amended, provides that work is assigned to employees only when it corresponds to their state of health. Employers are also obliged under section 8(a), 1(o) to arrange for regular health surveillance with respect to the nature of the work. Section 8(a), 1(n) also states that according to the health hazard rate and for selected occupations, they shall provide regular preventive medical exams, as laid down in special regulations. The Committee requests the Government to clarify whether the aptitude of workers in the context of work in compressed air also is verified through medical surveillance.

Article 24. Precautions in case of demolition of buildings that might present a danger to the public. The Committee notes the Government’s statement that Annex 3, Part II, subparagraph 11 of Regulation No. 510/2001 on minimum safety and health requirements at construction sites, provides that necessary measures shall be taken and safe work procedures applied when the demolition of any building or structure might present a danger to workers. Work is planned and executed under permanent supervision of a competent responsible person. The Committee requests the Government to provide further information on the precautions applied in the context of demolition of buildings containing asbestos.

Article 26, paragraph 3. Technical rules and standards for the laying and maintenance of electrical cables. The Committee notes that the Government’s report is silent on this issue. The Committee therefore requests the Government to indicate applicable technical rules and standards for laying and maintenance of electrical cables.

Article 28, paragraph 4. Disposal of waste at construction sites. The Committee notes the Government’s statement that Decree No. 59/1982 on the principal requirements to ensure occupational safety and safety of technical equipment as amended, provides that waste materials must be removed from the place of their generation in order to avoid their hazardous influence on work safety. If waste materials are hazardous, necessary measures shall be taken to guarantee occupational health and safety at the place where these are generated, collected and disposed of. The Committee requests the Government to indicate how effect is given to this provision as regards the disposal of asbestos waste.

Part VI of the report form. Application in practice. The Committee notes the statistical information provided by the Government that during the period from 1998 to 2003, the number of inspections increased from 245 to 2,482. It also notes that 7,478 infringements were reported in 1998 against 4,781 in 2003, which is a significant decrease. It also notes that the number of serious accidents have decreased from 52 in 1993 to 31 in 2003. The Committee requests the Government to continue to provide information on the practical application of the Convention, as well as on the number of workers covered by the legislation. The Government is also requested to indicate what further measures have been taken or are envisaged to continue to bring down the number of accidents in the construction industry.

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 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s reports and the attached legislation. While effect appears to be parts of the Convention, the Committee requests the Government to provide additional information on the following points.

2. Article 3 of the Convention. Formulation, carrying out and periodic review of a national policy. The Committee notes the information provided by the Government in which reference is made to general actions taken in the area of occupational safety and health. With reference to the more specific requirements in Article 3 of the Convention, the Committee would be grateful if the Government would provide additional information on whether any national policy on safety and health in mines has been formulated and whether measures have been taken to implement and periodically review this policy.

3. Article 4, paragraph 2. Technical standards, guidelines and codes of practice. The Committee notes that while the Government refers to a large number of legislative instruments giving effect to the Convention, the Committee notes that the Government’s report is silent on the more specific issue as to whether more technical standards, guidelines of codes of practice have been developed to assist in the practical implementation of the Convention. The Committee requests the Government to indicate whether technical standards, guidelines or codes of practice supplementing the national laws and regulations have been adopted giving effect to the Convention.

4. Article 5, paragraph 4(d). Safe storage, transportation and disposal of hazardous substances and waste produced at the mines. The Committee notes that section 32 of Decree No. 21/1989 provides that the employer shall identify sites for waste bins and waste must be removed from the underground areas at regular intervals. The Committee requests the Government to provide more specific information on how the safe storage, transportation and disposal of hazardous substances used in the mining process and waste produced at the mine is ensured in practice.

5. Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. The Committee notes that section 3(4) of Decree No. 117/2002 provides that when different employers work together at the same workplace, each employer shall be held responsible for the activities of which she/he is in charge and that the employer responsible for the workplace shall coordinate the implementation of all measures concerning employees’ safety and health protection. The Committee requests the Government to indicate whether specific provisions of national legislation according to which employer in charge of the mine is held primarily responsible for the safety of operations, when two or more employers undertake activities at the same mine.

6. Noting that the Government’s report is silent on these issues, the Committee requests the Government to provide information on how effect is given to the following provisions of the Convention:

–      Article 7, paragraph (g). Operation plan and procedures ensuring a safe system of work;

–      Article 13, paragraph 2(c). Rights of safety and health representatives to have recourse to advisers and independent experts; and

–      Article 13, paragraph 3. Rights and duties of workers and their representatives.

7. Part V of the report form. Application in practice. In order to be able to appreciate the application in practice of the present Convention in Slovakia, the Committee requests the Government to provide a general appreciation of how it is applied and to supply extracts from inspection reports, and where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by gender, if possible, the number and nature of the infringements, etc.

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

1. The Committee notes the Government’s latest comprehensive report as well as the relevant national legislation referred to therein. It notes that national legislative and other texts give effect to the majority of provisions of the Convention. The Committee requests the Government to supply supplementary information with its next report concerning the following points.

2. Article 3 of the Convention. Information on the procedure determining the establishment, institution or administrative service to which the Convention applies. The Committee requests the Government to indicate which procedure should be applied in the case in which it is doubtful whether an establishment, institution or administrative service is one to which this Convention applies, as well as in what manner it is ensured that the representative organizations of employers and workers concerned participate in such procedures.

3. Article 12. Measures to ensure a sufficient supply of drinking water. The Committee notes the Government’s reference to section 13 of Act No. 272/1994 on human health protection which deals with a control of the quality of the water destined for human consumption. The Government is requested to indicate legislative or other provisions ensuring that a sufficient supply of wholesome drinking water is made available to workers.

4. Article 14. Information on supply for workers sufficient and suitable seats. The Committee notes that in connection with the application of this Article of the Convention, the Government refers to point 16 of Annex No. 1 to Governmental Regulation No. 201/2001 on Minimum Safety and Health Requirements for the Workplace requiring the establishment of restrooms for employees with sufficient numbers of seats. The Committee notes that this provision of the Convention concerns the equipment in working premises not restrooms. The Government is therefore requested to indicate measures taken or envisaged to ensure that work premises are equipped with seats in sufficient numbers.

5. Article 16. Information on provisions ensuring that underground or windowless premises would comply with appropriate standards of hygiene. The Committee notes the Government’s reference to STS-CSS-36 0450 of 1986 - artificial illumination of internal premises dealing with requirements related to suitable lighting for underground and windowless premises. The Committee requests the Government to supply information in its next report on applicable standards regarding other hygienic aspects for such premises.

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 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:

The Committee notes from the Government’s report that Act No. 272/1994 on health protection of people is the only national text which gives a partial effect to some provisions of the Convention; that a draft Act on safety and health at work and a draft Act on inspection of work are being prepared; that the Ministry of Health has prepared a proposal for a governmental provision on workers’ health protection against harmful influence of chemical substances and a draft regulation on health protection against unfavourable effects of noise and vibration; that, finally, the Ministry of Health is preparing  a novelization of the existing exposure limits for hazards due to noise, vibration and chemical substances.

The Committee hopes that the abovementioned laws and regulations will be adopted soon and they will prescribe measures designed for the prevention, control of and protection against, occupational hazards in the working environment due to air pollution, noise and vibration (Article 4, paragraph 1, of the Convention); that provisions of new technical standards will give a basis for the practical implementation of the measures so prescribed (Article 4, paragraph 2); that relevant provisions of new texts will establish responsibilities and duties of employers and workers in the matter of occupational safety and health (Articles 6, 7 and 10); that by the envisaged technical or supplementary organizational measures the working environment would be kept free from hazards due to all three categories in question (Article 9); that the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards due to air pollution, noise or vibration will be the subject of notification to the competent authority, of its authorization or prohibition (Article 12); that the supervision, at suitable intervals, of the health of workers exposed or liable to be exposed to occupational hazards (Article 11), and the information on potential occupational hazards and the instruction on measures for the protection against such hazards of all persons concerned (Article 13) will be carried out; that the most representative organizations of employers and workers will be consulted as regards action taken in order to give effect to the Convention, employers’ and workers’ representatives will be associated with the elaboration of provisions of technical standards, and collaboration between employers and workers in the application of measures on occupational safety and health will be achieved (Article 5, paragraphs 1, 2 and 3).

The Government is requested to communicate a copy of the abovementioned laws and regulations once they have been adopted.

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

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:

The Committee notes from the Government’s report that Act No. 272/1994 on health protection of people is the only national text which gives a partial effect to some provisions of the Convention; that a draft Act on safety and health at work and a draft Act on inspection of work are being prepared; that the Ministry of Health has prepared a proposal for a governmental provision on workers’ health protection against harmful influence of chemical substances and a draft regulation on health protection against unfavourable effects of noise and vibration; that, finally, the Ministry of Health is preparing  a novelization of the existing exposure limits for hazards due to noise, vibration and chemical substances.

The Committee hopes that the abovementioned laws and regulations will be adopted soon and they will prescribe measures designed for the prevention, control of and protection against, occupational hazards in the working environment due to air pollution, noise and vibration (Article 4, paragraph 1, of the Convention); that provisions of new technical standards will give a basis for the practical implementation of the measures so prescribed (Article 4, paragraph 2); that relevant provisions of new texts will establish responsibilities and duties of employers and workers in the matter of occupational safety and health (Articles 6, 7 and 10); that by the envisaged technical or supplementary organizational measures the working environment would be kept free from hazards due to all three categories in question (Article 9); that the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards due to air pollution, noise or vibration will be the subject of notification to the competent authority, of its authorization or prohibition (Article 12); that the supervision, at suitable intervals, of the health of workers exposed or liable to be exposed to occupational hazards (Article 11), and the information on potential occupational hazards and the instruction on measures for the protection against such hazards of all persons concerned (Article 13) will be carried out; that the most representative organizations of employers and workers will be consulted as regards action taken in order to give effect to the Convention, employers’ and workers’ representatives will be associated with the elaboration of provisions of technical standards, and collaboration between employers and workers in the application of measures on occupational safety and health will be achieved (Article 5, paragraphs 1, 2 and 3).

The Government is requested to communicate a copy of the abovementioned laws and regulations once they have been adopted.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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 from the Government's report that Act No. 272/1994 on health protection of people is the only national text which gives a partial effect to some provisions of the Convention; that a draft Act on safety and health at work and a draft Act on inspection of work are being prepared; that the Ministry of Health has prepared a proposal for a governmental provision on workers' health protection against harmful influence of chemical substances and a draft regulation on health protection against unfavourable effects of noise and vibration; that, finally, the Ministry of Health is preparing a novelization of the existing exposure limits for hazards due to noise, vibration and chemical substances.

The Committee hopes that the abovementioned laws and regulations will be adopted soon and they will prescribe measures designed for the prevention, control of and protection against, occupational hazards in the working environment due to air pollution, noise and vibration (Article 4, paragraph 1, of the Convention); that provisions of new technical standards will give a basis for the practical implementation of the measures so prescribed (Article 4, paragraph 2); that relevant provisions of new texts will establish responsibilities and duties of employers and workers in the matter of occupational safety and health (Articles 6, 7 and 10); that by the envisaged technical or supplementary organizational measures the working environment would be kept free from hazards due to all three categories in question (Article 9); that the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards due to air pollution, noise or vibration will be the subject of notification to the competent authority, of its authorization or prohibition (Article 12); that the supervision, at suitable intervals, of the health of workers exposed or liable to be exposed to occupational hazards (Article 11), and the information on potential occupational hazards and the instruction on measures for the protection against such hazards of all persons concerned (Article 13) will be carried out; that the most representative organizations of employers and workers will be consulted as regards action taken in order to give effect to the Convention, employers' and workers' representatives will be associated with the elaboration of provisions of technical standards, and collaboration between employers and workers in the application of measures on occupational safety and health will be achieved (Article 5, paragraphs 1, 2 and 3).

The Government is requested to communicate a copy of the abovementioned laws and regulations once they have been adopted.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes from the Government's report that Act No. 272/1994 on health protection of people is the only national text which gives a partial effect to some provisions of the Convention; that a draft Act on safety and health at work and a draft Act on inspection of work are being prepared; that the Ministry of Health has prepared a proposal for a governmental provision on workers' health protection against harmful influence of chemical substances and a draft regulation on health protection against unfavourable effects of noise and vibration; that, finally, the Ministry of Health is preparing a novelization of the existing exposure limits for hazards due to noise, vibration and chemical substances.

The Committee hopes that the above-mentioned laws and regulations will be adopted soon and they will prescribe measures designed for the prevention, control of and protection against, occupational hazards in the working environment due to air pollution, noise and vibration (Article 4, paragraph 1, of the Convention); that provisions of new technical standards will give a basis for the practical implementation of the measures so prescribed (Article 4, paragraph 2); that relevant provisions of new texts will establish responsibilities and duties of employers and workers in the matter of occupational safety and health (Articles 6, 7 and 10); that by the envisaged technical or supplementary organizational measures the working environment would be kept free from hazards due to all three categories in question (Article 9); that the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards due to air pollution, noise or vibration will be the subject of notification to the competent authority, of its authorization or prohibition (Article 12); that the supervision, at suitable intervals, of the health of workers exposed or liable to be exposed to occupational hazards (Article 11), and the information on potential occupational hazards and the instruction on measures for the protection against such hazards of all persons concerned (Article 13) will be carried out; that the most representative organizations of employers and workers will be consulted as regards action taken in order to give effect to the Convention, employers' and workers' representatives will be associated with the elaboration of provisions of technical standards, and collaboration between employers and workers in the application of measures on occupational safety and health will be achieved (Article 5, paragraphs 1, 2 and 3).

The Government is requested to communicate a copy of the above-mentioned laws and regulations once they have been adopted.

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.