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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 13 (white lead painting), 119 (machinery), 136 (benzene), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 155 and its 2002 Protocol (OSH), 161 (occupational health services), 162 (asbestos), 174 (major industrial accidents), and 187 (promotional framework for OSH) together.
Representation made under article 24 of the ILO Constitution. The Committee notes the decision of the Governing Body to close the representation submitted by the Association of Free Trade Unions of Slovenia alleging non-observance of Convention No. 155 and the Protocol of 2002 by Slovenia pursuant to the agreements reached between the parties concerned following a conciliation process. The Committee takes note that, as a result of the conciliation, the Rules on occupational diseases were adopted and published in the Official Gazette of the Republic of Slovenia on 24 February 2023 and its provisions are applicable as of 1 May 2023.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155), and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Application of Conventions Nos 155 and 187 in practice. The Committee notes the Government’s indication in its report that the Ministry of Labour, Family, Social Affairs and Equal Opportunities (Ministry of Labour) carries out educational, awareness-raising and promotional activities to promote a culture of safety and health at work. In particular, it indicates that: (i) activities are targeted at specific groups, including safety professionals, OSH inspectors, workers, employers who assess risks themselves and trade unions, and children and young people in the context of the early introduction of OSH in education and training; (ii) the Ministry trains and raises awareness of existing as well as new and emerging occupational safety and health risks; (iii) it works with social partners, the occupational safety profession, occupational medicine, academia and foreign experts; and (iv) it contributes to events organised by trade unions, employers' associations, and universities, and promotes OSH at various thematic trade fairs to raise awareness of the importance of promoting an OSH culture. The Committee requests the Government to continue to provide information on the application in practice of Conventions No. 155 and No. 187, including the number, nature and cause of occupational accidents and diseases reported, as well as information on inspection activities conducted, violations detected, and sanctions imposed.
Legislative developments. The Government indicates that the Ministry of Labour together with the Labour Inspectorate of the Republic of Slovenia (IRSD) is preparing a proposal on a new Regulation on ensuring safety and health at work in forestry. The Committee requests the Government to provide information on any progress made in the adoption of the new Regulation on ensuring safety and health at work in forestry.

I . Action at the national level

The Committee notes the information provided by the Government on Article 4(3)(b) and (d) of Convention No. 187 (on information and advisory services and occupational health services), which responds to its previous request.
Article 2(3) of Convention No. 187. Consideration of measures that could be taken to ratify relevant ILO OSH Conventions. Further to its previous comments, the Committee notes that, while the Government indicates that OSH legislation and matters relating to the treatment of ILO Conventions are dealt with in a tripartite manner, it does not provide information on the consideration of measures that could be taken to ratify relevant ILO OSH Conventions. The Committee once again requests the Government to provide information on any periodic consideration of measures that could be taken to ratify relevant OSH Conventions in the context of the discussions in the tripartite Health and Safety at Work Council and the outcome of the consultations held in this regard.

II . National system

Article 4(3)(e) of Convention No. 187. Promotion of research. The Committee notes the Government indication that the action plan for 2024-2027 on the implementation of the National Programme of Health and Safety at Work 2018-2027 (National Programme 2018-2027), if adopted, will foresee an increase in budget funds for basic and applied research in the field of safety and health at work. The Committee requests the Government to provide information on the adoption and implementation of the action plan for 2024-2027, in particular with regard to research in the field of occupational safety and health.
Article 4(3)(h) of Convention No. 187. Mechanisms for the progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and in the informal economy. Further to its previous comments, the Committee notes the Government’s indications that: (i) the Ministry of Labour, together with the social partners, has so far developed 22 online interactive tools for risk assessment (OiRA); (ii) through workshops, in cooperation with the IRSD, efforts are being made to promote the use of this tool as much as possible; (iii) statistics show that many people are interested in using the tool, but the IRSD's findings on the ground do not confirm the use of the tool in practice. In fact, inspectors have found that employers' risk assessments are not, or very rarely, carried out using the OiRA tools; and (iv) the Ministry is trying to develop some generic OiRA tools that would be applicable to all or most activities and is working on a generic risk assessment tool for psychosocial risk management. The Committee requests the Government to provide information on: (i) the application of the OiRA tools in practice in microenterprises and SMEs and in the informal economy, and (ii) the development of generic OiRA tools on OSH conditions and their implementation.

III. National programme

Article 5(1) of Convention No. 187 Implementation, monitoring, evaluation and periodic review of the national OSH programme. The Committee notes that the Government refers to the publication of the Analysis of the Action Plan for 2018-2020 in the context of the implementation of the National Programme 2018-2027. In light of this analysis, the Committee notes that some of the activities foreseen in the first action plan have not yet been implemented and are expected to be implemented during the 2021-2023 action plan, including inter alia: (a) a targeted campaign on the reporting of occupational accidents at work and the keeping of records; (b) an electronic reporting system of occupational accidents; (c) the preparation of practical guidelines for risk assessment due to exposure to hazardous chemical substances, and (d) the adoption of the Rules on ensuring safety and health in the manual handling of loads. It also notes that the IRSD found that employers do not properly consult with workers in the process of creating a risk assessment and that in most of the cases all risks are not or are insufficiently identified, especially those related to the use of dangerous substances, manual handling of loads, radiation and vibrations. In addition, the Committee notes that, as indicated in the 2021-2023 action plan, certain activities will be implemented during the next action plan, including the preparation and implementation of a program of targeted supervision and advice by the IRSD on the correct use and implementation of regulations in the field of hazardous substances, namely chemical, carcinogenic and mutagenic substances, substances toxic to reproduction, and asbestos. The Committee requests the Government to provide information on the implementation of the 2021-2023 action plan and on the adoption and implementation of any action plan for the period 2024-2027.

Action at the level of the undertaking

Article 13 and Article 19(f) of Convention No. 155. Protection of workers removed from situations presenting imminent and serious danger. The Committee notes that under section 53 of the Health and Safety at Work Act workers have the right to: (i) leave an unsafe workplace, work process or work environment in the event of an unavoidable danger; and (ii) take appropriate action in accordance with their knowledge and technical means at their disposal in the event of a serious and imminent danger to life or health. The Committee recalls that Articles 13 and 19(f) of the Convention do not refer to a danger that is “unavoidable” and include situations where the workers have a reasonable justification to believe that there is an imminent and serious danger. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that national legislation or regulations provide that workers can remove themselves from all work situations where they have a reasonable justification to believe that there is an imminent and serious danger.
Article 19(e) of Convention No. 155. Right to bring in technical advisers. The Committee notes that sections 45 and 46 of the Health and Safety at Work Act provides for the right of workers or their representatives on works council to participate in the consideration of all issues relating to ensure safety and health at work and to be consulted, but it does not include their right to bring in technical advisers, by mutual agreement, from outside the undertaking. Noting the absence of information in this regard, the Committee requests the Government to indicate if workers or their representatives may bring in technical advisers, by mutual agreement, from outside the undertaking.

Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the information provided by the Government on Articles 8 (cooperation between employers, workers and their representatives) and 15 (notification to occupational health services of occurrences of ill health and absence from work for health reasons in the interests of identifying any relation between the ill health and health hazards) of the Convention, which responds to its previous request.
Application in practice. Further to its previous comments, the Committee notes the Government’s indications that: (i) occupational medicine specialists are supervised by the Medical Chamber of Slovenia; (ii) the Ministry of Health has explored the possibility of implementing a special, systematic supervision for occupational medicine specialists, but according to the current legislation, such supervision is limited; (iii) in the coming years, an assessment of the current provisions regarding the periodic medical examinations provided by occupational specialists will be carried out, including the issue of the quality of the services and the establishment of a new supervisory system. Amendments to the current rules will be undertaken based on the findings of the mentioned assessment. Moreover, the Committee notes that, according to the IRSD: (i) there has been a decrease in the number of violations identified in recent years, from 1,335 in 2020 to 1,129 in 2022; and (ii) while the IRSD does not monitor the professionalism of occupational medicine specialists, it has received individual reports concerning alleged inadequate practices which have been brought to the attention of the Medical Chamber of Slovenia. The Committee also takes note of the other statistics provided by the Government from June 2014 to May 2023. The Committee requests the Government to provide information on the adoption and implementation of the mentioned supervisory system for occupational medicine specialists and to indicate any legislative changes in this regard. While noting the statistical data provided, the Committee also requests the Government to continue to provide information on the application of the Convention in practice.
Article 2 of the Convention. National policy on occupational health services. Implementation measures. Consultation. The Committee notes that: (i) section 33 of the Health and Safety at Work Act provides that the employer shall ensure the implementation of health measures by the occupational health providers; and (ii) the National Programme 2018-2027 indicates that occupational health providers are one of the key holders of measures for realizing the strategic objectives. The Committee requests the Government to provide information on the progress achieved in the implementation of the National Programme of Health and Safety at Work 2018-2027 with regard to occupational health services, including information on the role of occupational health providers.The Committee also requests the Government to indicate the measures adopted for the periodic review of the National Programme, with regard to occupational health services, in consultation with the most representative organizations of employers and workers.
Article 9(1). Multidisciplinary nature of occupational health services. The Committee notes that section 34 of the Health and Safety at Work Act provides that the Minister responsible for health shall determine the staff and other conditions to be met by the occupational health provider, but there is no information regarding how the composition of this staff is determined. The Committee requests the Government to provide information on the criteria according to which the composition of the personnel of the occupational health services is determined.
Article 12. Health surveillance during work hours. The Committee requests the Government to indicate any legislative provisions or regulations specifying that the surveillance of workers’ health in relation to work shall take place, as far as possible, during working hours.

Protection against specific risks

White Lead (Painting) Convention, 1921 (No. 13)

The Committee notes the information provided by the Government on Articles 3(1) (prohibition of the employment of young persons and women) and Article 5(I)(a) (exceptions to the prohibition on use of lead paint) of the Convention, which responds to its previous request.
Application in practice. The Committee notes the Government’s indication that, while the IRSD has not undertaken any action or special targeted inspections related to the safety and health of workers exposed to lead and its compounds since 2014, it has carried out its activities with regard to the exposure to chemical substances in general. The Committee requests the Government to provide further information on the application of the Convention in practice, including: (i) the number, nature and cause of occupational diseases reported, and (ii) the inspection activities conducted, violations detected, and sanctions imposed.

Guarding of Machinery Convention, 1963 (No. 119)

The Committee notes the information provided by the Government on Article 2(3) and (4) of the Convention (on dangerous parts of machinery requiring guards), which responds to its previous request.
Application in practice. The Committee notes the Government’s indications that: (i) the supervision of the rules on machinery is carried out by the Market Inspectorate for machinery on the market, the IRSD for machinery in working processes, and the Mining Inspectorate for machinery intended for mining work and other underground construction work carried out using mining methods; (ii) the number of safety violations found in relation to machinery and work equipment accounts for between 6.6 and 9.5 per cent, respectively, of the total number of irregularities detected yearly, and this has been steadily decreasing in recent years, reaching in 2022 the lowest number since 2014; and (iii) from 1 June 2014 to 31 May 2023, 58 irregularities were found in relation to the compliance with the Rules on machinery safety and 3,750 with regard to the Rules on health and safety requirements for the use of work equipment, the highest number being in relation to the failure to carry out inspections and tests of machinery (1,925 cases). The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the inspection activities conducted, violations detected, and sanctions imposed, as well as the number, nature and cause of occupational accidents reported.

Benzene Convention, 1971 (No. 136)

Application in practice. The Committee notes the Government’s indications that: (i) the IRSD checks the compliance with the Rules on the protection of workers from risks related to exposure to carcinogenic and mutagenic substances, which include benzene; and (ii) inspectors have not raised any issues related to the use of benzene in employers’ work processes in their annual reports. In addition, the Committee notes the information provided by the Government on the protection of health at work of pregnant workers and children, adolescents, and young persons. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the inspection activities conducted, violations detected, and sanctions imposed, as well as the number, nature and cause of occupational diseases reported, if any.

Occupational Cancer Convention, 1974 (No. 139)

The Committee notes the information provided by the Government on Article 1(2) of the Convention (derogations from the prohibition against occupational exposure to carcinogenic substances), which responds to its previous request.
Application in practice. The Committee notes the information provided by the Government on the labour inspectorate activities. In particular, the Committee notes the Government’s indications that: i) during the last reporting period, no notifications of occupational diseases were received, partly due to the insufficient legislation; ii) the practical implementation of the new Rules on occupational diseases (Official Gazette of the Republic of Slovenia, No. 25/23) should increase the number of notifications in this regard; and iii) by virtue of these rules, an interdisciplinary group of experts has been appointed to identify or confirm cases of occupational disease and will produce an annual report. According to the preliminary findings, the group has dealt with 80 applications as of 1 May 2023. The Committee requests the Government to continue to provide information on the application in practice of the Convention, including (i) the number, nature and cause of occupational diseases reported; (ii) the inspection activities conducted, violations detected, and sanctions imposed, and (iii) the activities of the interdisciplinary group for occupational diseases, in the framework of the 2023 Rules on occupational diseases.
Article 1(1) and (3) of the Convention. Periodic determination of prohibited carcinogenic substances and agents. Noting the lack of information, the Committee requests the Government to provide information on the measures taken or envisaged to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control.

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

The Committee notes the information provided by the Government on Article 11(3) of the Convention (alternative employment or other measures to maintain the income of transferred workers), which responds to its previous request.
Application in practice. The Committee takes note of the information provided by the Government on noise, vibration and chemical safety. Concerning noise, the Government indicates that: (i) old work equipment exceeding the noise limits is still used in production processes, employers are very slow to replace it with newer equipment and workers do not consistently use the hearing protection equipment; and (ii) from June 2014 to May 2023, the violations identified mainly related to the risk assessment of noise exposure, appropriate safety signs and the health surveillance of workers in relation to harmful noise at workplaces, most of which were found in the production of metal products. Concerning vibration, the Government indicates that during the past years, violations detected were related to the risk assessment of the effects of vibration on the health of the worker and the measures to reduce the level of exposure to mechanical vibration. Concerning chemical safety, the Government indicates that inspectors have found violations with regard to hazardous chemical substances, including the identification of chemical substances in the work process and the risk assessment, the failure to take measures to eliminate or minimise risks when working with chemical substances, to measure the harmful effects in the production process, and to ensure the health protection of workers who are exposed to these substances, and the inadequacy of safety data sheets. The Committee requests the Government to continue to provide information on the application of the Convention in practice, in particular with regard to the measures taken or envisaged to ensure the safety and health of workers exposed to noise, vibration or air pollution).

Asbestos Convention, 1986 (No. 162)

The Committee notes the information provided by the Government on Articles 20(2) and (4) (on keeping of records on the monitoring of the working environment and right to appeal concerning the results of the monitoring), and 21(4) (maintenance of income for workers whose health is at risk) of the Convention, which responds to its previous request.
Application in practice. The Committee notes the Government’s indication that in 2015, the IRSD undertook an intensified campaign on the exposure of asbestos at work and most of the violations detected related to inadequate risk assessment. The Committee also notes that the number of notifications received by the IRSD about the commencement of asbestos-related works decreased from 66 in 2018 to 30 by 31 May 2023. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number of inspection visits, the number and nature of violations reported, and sanctions imposed, as well as statistics on the number of occupational diseases reported as being caused by asbestos.
Article 15(2). Periodic review and update of exposure limits. The Committee notes the Government indication that section 9 of the Rules on the protection of workers from risks related to exposure to asbestos at work provides the employer’s obligation to ensure that the concentration of airborne asbestos fibres in the workplace does not exceed the limit value for asbestos, which is 0.1 fibre/cm3 in an eight-hour time-weighted average. However, the Government does not provide information on the periodic review of this limit. The Committee requests the Government to provide information on the measures taken or envisaged to periodically review and update the limit set out in section 9 of the Rules on the protection of workers from risks related to exposure to asbestos in light of technological progress and advances in technological and scientific knowledge.
Articles 20(1) and 21(1). Occasional exposure to asbestos. Measurement of the concentration of airborne asbestos dust in workplaces and medical examinations. Further to its previous comments, the Committee notes that the information provided by the Government does not refer to the occasional exposure to asbestos. The Committee also notes that section 4(3) of the Rules on the protection of workers from risks related to exposure to asbestos at work provides that the Ministry of Labour, after consulting the social partners, shall issue practical guidelines for determining the occasional and low exposure referred to in section 4(2) and publish them in the Official Gazette of the Republic of Slovenia. The Committee requests once again the Government to provide information on the definition of occasional exposure to asbestos, including the obligation of the Ministry of Labour to issue practical guidelines, after consultation with the social partners, for determining the occasional and low exposure, pursuant to section 4(3) of the Rules on the protection of workers from risks related to exposure to asbestos at work. In addition, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that workers occasionally exposed to asbestos are also provided with medical examinations.
Article 21(1). Post-employment medical examinations. Further to its previous comments, the Committee notes the Government’s indication that workers who are no longer exposed to asbestos but are employed by another employer are examined regularly at periodic examinations and, as a rule, past exposure is also considered. If the worker is retired or has health problems and suspects that these problems may be related to exposure to asbestos, they can be referred to a pulmonologist. The Committee requests the Government to provide further information on any measures taken or envisaged to ensure that workers who are or have been exposed to asbestos are provided with medical examinations after their employment is terminated, including those who are currently unemployed or retired.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee notes the information provided by the Government on Article 10 of the Convention (on preparation of safety reports), which responds to its previous request.
Application in practice. The Committee notes the Government’s indication that, in 2022, 21 workers died and several more were injured as a result of a serious explosion at a chemical plant in Kočevje. The Committee notes this accident with concern and requests the Government to provide further information on the application of the Convention in practice, including information on inspection activities conducted in major hazard installations, violations detected, and sanctions imposed.
Article 4(1) of the Convention. Formulation, implementation and periodical review of a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. Further to its previous comments, the Committee notes the Government’s indication that: (i) the Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances has been transposed into the national order through the Decree on the prevention of major accidents and the mitigation of their consequences; (ii) the country has a system in place, which combines environmental and disaster protection policy measures, to manage the risks of major accidents that could occur in industrial installations with environmental risk; (iii) there is a list of the industrial installations indicating their environmental risk, and (iv) the national regulations provide measures and the employer’s obligations with regard to the control of industrial installations with environmental risk. However, the Committee notes that the Government does not provide information on the preparation of a programme to follow up on the 2008-2012 action programme for the limitation of environmental risks due to the hazards of major accidents. The Committee requests the Government to provide information on the measures taken or envisaged to formulate, implement and periodically review a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents in consultation with the social partners.
Article 11. Review, update and amendment of the safety report by employers. Further to its previous comments, the Committee notes that, while the Government refers to section 17(2) of the Health and Safety at Work Act regarding the review of the risk assessment, it does not provide specific information on the review, update and amendment of the safety reports. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the review, update and amendment by employers of the safety reports in the circumstances set out in subparagraphs (a) to (d) of Article 11 of the Convention.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Legislation. The Committee notes the Government’s indication that numerous legislative changes have occurred since its last report, including the adoption of the Occupational Health and Safety Act (Official Gazette of the Republic of Slovenia, No. 43/11) which repeals the former Occupational Health and Safety Act and gives further effect to the provisions of the Convention, and the amendment of the Machinery Safety Rules (Nos 66/10 and 74/11). The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.
Article 2(3) and (4) of the Convention. Dangerous parts of machinery requiring guards. The Committee notes that Annex I of the Machinery Safety Rules, provided by the Government, contains essential health and safety requirements relating to the design and manufacture of equipment, namely with regard to the risks related to moving parts and moving transmission parts. Against this background, the Committee wishes to refer to its 1987 General Survey on safety in the working environment, paragraphs 82 et seq., in which it indicates that “it is essential for the effective application of Part II of the Convention that the national legislation designate those parts of machinery that present a danger and require appropriate guarding”, and that the initial definition of dangerous machinery and parts thereof, should as a minimum cover those parts enumerated in Article 2(3) and (4) of the Convention. The Committee notes that annex I of the Machinery Safety Rules does not include all the parts explicitly enumerated in Article 2 of the Convention. The Committee requests the Government to take all appropriate measures to include the list of dangerous parts of machinery, as contained in Article 2(3) and (4) of the Convention, in relevant laws and regulations.
Application of the Convention in practice. The Committee notes the information provided by the Government with regard to the high number of irregularities detected by the Labour Inspectorate in relation to the suitability of machinery and the examination and testing of work equipment, notably in the agricultural and construction sectors. The Committee requests the Government to provide information on measures taken or envisaged to address this high number of irregularities and to continue to provide information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Legislation. The Committee notes the information provided by the Government indicating the adoption of the Occupational Health and Safety Act (Official Gazette of the Republic of Slovenia, No. 43/11) and the amendment of the Employment Relationship Act (Nos 21/13 and 78/13); the Chemicals Act (Nos 9/11 and 83/12); the rules on the protection of workers from risks related to exposure to chemical substances at work (Nos 102/10 and 43/11); and the rules on the protection of workers from risks related to exposure to carcinogenic and mutagenic substances (No. 43/11). The Committee also notes that section 5 of the Rules on the protection of the health at work of pregnant workers and workers who have recently given birth and are breastfeeding (No. 82/03) and section 5 of the Rules on the protection of the health at work of children, adolescents and young adults (No. 83/08), in conjunction with articles 184 and 191 of the Employment Relationship Act, give effect to paragraphs 1 and 2 of Article 11 of the Convention, respectively. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.
Application of the Convention in practice. The Committee notes that no information is provided with regard to the application of the Convention in practice. The Committee requests the Government to provide information on the application of the Convention in practice and, if such statistics are available, information on the number of employed persons covered by the relevant legislation and other measures, the number and nature of contraventions reported, the number, nature and cause of occupational diseases reported, and so forth.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Legislation. The Committee notes the information provided by the Government indicating the adoption of the Occupational Health and Safety Act (Official Gazette of the Republic of Slovenia, No. 43/11) and the amendment of the rules on the protection of workers from risks related to exposure to chemical substances at work (Nos 102/10 and 43/11) (hereinafter the “Rules on chemical substances”); the rules on the protection of workers from risks related to exposure to carcinogenic and mutagenic substances (No. 43/11) (hereinafter the “Rules on carcinogenic and mutagenic substances”), section 15 of which gives effect to Article 5 of the Convention; and the rules on preventive medical examinations of workers (No. 43/11). The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.
Article 1(2) of the Convention. Derogations from the prohibition against occupational exposure to carcinogenic substances. The Committee notes the Government’s indication that the prohibition of the chemicals listed in annex III of the Rules on chemical substances does not apply in a number of specific cases, namely if the chemical substance is present in another substance or if it is a component of waste, provided that the content of the chemical substance is lower than the specified mass percentage. The Committee requests the Government to clarify whether the Rules on carcinogenic and mutagenic substances provide for the granting of exemptions from the prohibition of carcinogenic substances, and if so, to specify the criteria that govern the granting of such exemptions.
Application of the Convention in practice. The Committee notes the Government’s indication that there are currently 65 employers in Slovenia who use carcinogens or mutagens and that employers attempt to replace such substances with less hazardous or non-hazardous chemical substances when it is technologically possible to do so. However, with reference to its previous comments relating to the lack of recording, by employers, of workers exposed to carcinogenic or mutagenic substances, the Committee notes that the Government does not provide information on measures taken or envisaged to address this issue. The Committee once again requests the Government to provide information on measures taken or envisaged to address the lack of recording, by employers, of workers exposed to carcinogenic or mutagenic substances. It also requests the Government to continue to provide information on the application of the Convention in practice, namely on the number of occupational diseases reported.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Legislation. The Committee notes the information provided by the Government regarding the adoption of the Health and Safety at Work Act (Official Gazette of the Republic of Slovenia, No. 43/11), which gives effect to Article 7(1) of the Convention (sections 49, 50 and 77); the practical guidelines on risk assessment for work with dangerous chemical agents; and the practical guidelines for health surveillance and biological monitoring of lead (No. 9/11). It also notes the Government’s indication that Slovenia transposed the directives of the European Union (EU) into its legislation in 2004 after consulting the most representative organizations of employers and workers and experts from the relevant research and educational institutions, and without modifying the criteria and exposure limits specified in the EU directives, thus giving effect to Article 8(2) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.
Article 11(3) of the Convention. Alternative employment or other measures to maintain the income of transferred workers. The Committee notes that sections 4, 7 and 8 of the Remedying Consequences of Work with Asbestos Act (No. 51/09) provide the workers covered by section 2 with the right to a disability pension under more favourable conditions. It also notes that under article 33(6) of the Health and Safety at Work Act, occupational medicine practitioners shall participate in the occupational rehabilitation process and advise on the choice of other appropriate work. With reference to its previous comments on this issue, the Committee requests the Government to provide further information on measures taken or envisaged to give effect to this Article of the Convention, and to indicate in particular whether the employer who receives this advice has the obligation to make every effort to provide the worker, whose continued assignment to work involving air pollution is found to be medically inadvisable, with suitable alternative employment.
Application of the Convention in practice. The Committee notes with interest the information provided by the Government according to which research on the effects on forestry workers of the vibration of chainsaws was conducted in 2009, and that these workers tested anti-vibration gloves to prevent the harmful effects of vibration. The Committee also notes the Government’s indication that during the reporting period, the annual reports of the labour inspectorate revealed that harmful noise was still present in numerous workplaces, particularly in those with outdated equipment, and that workers were insufficiently aware of the harmful consequences of noise and did not use personal protective equipment consistently. The Committee requests the Government to provide information on measures taken or envisaged to address the lack of awareness of workers on the hazards associated with noise, and to continue to provide information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Legislation. The Committee notes the information provided by the Government regarding the adoption of the Occupational Health and Safety Act (Official Gazette of the Republic of Slovenia, No. 43/11), which repeals the Health and Safety Act, 1999, and has a broader scope of application; the Rules on regular updating of skills and training in the field of health and safety at work (No. 109/11); and the Rules on permits for performing safety at work-related tasks (No. 109/11). The Committee also notes the information provided by the Government on the effect given to Article 12(c) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the Convention.
Application of the Convention in practice. The Committee welcomes the Government’s indication that in order to help employers (particularly those employing a small number of workers) and workers understand and implement occupational safety and health (OSH) legislation, a number of manuals and publications on various topics were drawn up by the Ministry of Labour, Family and Social Affairs. The Committee also notes the indication that, in response to the 13 fatal occupational accidents which occurred in forestry work in 2013, the labour inspectorate drew up a guidance document on safe work in forests, which it published online. Furthermore, the Committee notes that the total number of OSH violations uncovered by the labour inspectorate increased from 15,939 in 2012 to 18,005 in 2013 and, from the detailed statistical data provided, that the number of occupational accidents in the mining sector has significantly decreased over the years, with no fatal accidents since 2008. The Committee requests the Government to continue to provide updated information on the manner in which the Convention is applied in practice and relevant statistics.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Legislation. The Committee notes the information provided by the Government on the adoption of the Occupational Health and Safety Act (Official Gazette of the Republic of Slovenia, No. 43/11) (hereinafter the “OHS Act”) which repeals the former Occupational Health and Safety Act and has a broader scope of application. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.
Article 8 of the Convention. Cooperation between employers, workers and their representatives. The Committee welcomes the Government’s indication regarding the 2012–13 “Working together for risk prevention” campaign, managed by the Ministry of Labour, Family, Social Affairs and Equal Opportunities (hereinafter the “Ministry”), which focused on encouraging cooperation of employers and workers in order to prevent occupational risks and manage occupational safety and health (OSH) issues. It also notes that the Ministry is working to raise employer and worker awareness with regard to OSH and, to that effect, organized a national competition in 2012 where organizations which demonstrated strong leadership and active involvement of workers and managers in the area of OSH were recognized. Furthermore, the Committee notes that section 13 of the OHS Act provides for the collaboration of employers, workers and their representatives on all questions related to OSH, and sections 45 and 46 provide for the inclusion of workers in OSH-related discussions and the consultation of workers or their representatives on risk assessment and any measures which might affect OSH. The Committee requests the Government to provide further information on the measures taken to ensure cooperation between employers, workers, and their representatives specifically with regard to occupational health services in the undertaking.
Article 15. Notification to occupational health services of occurrences of ill health and absence from work for health reasons in the interests of identifying any relation between the ill health and health hazards. The Committee notes that pursuant to section 33 of the OHS Act, an occupational medical practitioner may obtain access to information, with the worker’s consent, on their health status, treatment and rehabilitation from their general practitioner. In turn, if requested by the general practitioner, the occupational medical practitioner shall communicate information on the worker’s workload and workplace requirements. However, the Committee notes that no information is provided on the requirement for occupational health services to be informed of ill health among workers and absence from work for health reasons, in order to be able to identify whether there is any relation between the reasons for this ill health or absence and any health hazards which may be present at the workplace, as provided for by Article 15 of the Convention. The Committee therefore once again requests the Government to provide information on the measures undertaken to give effect to Article 15 of the Convention.
Application of the Convention in practice. The Committee notes the Government’s indication that the number of violations with regard to the provision of occupational healthcare has increased from 1,771 in 2012 to 1,970 in 2013, with half of these violations due to workers not being referred for a health examination. It also notes the substantial increase of the number of violations relating to the provision of first aid, from 174 in 2012 to 320 in 2013. The Committee also notes the Government’s indication that the Ministry is making an effort to improve this situation by raising employer and worker awareness and that, in reference to the Committee’s previous comments, the work of medical practitioners who perform preventive examinations of workers is currently supervised by the Medical Chamber of Slovenia, but that it would also like to establish a supervisory system specific to occupational health practitioners. The Committee requests the Government to continue to provide information on the supervision of occupational health practitioners. It also requests the Government to continue to provide general information on the application of the Convention in practice and relevant statistics.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 20(1) and 21(1) of the Convention. Occasional exposure to asbestos. Measurement of the concentration of airborne asbestos dust in workplaces and medical examinations. With reference to its previous comment regarding the non-applicability of certain provisions in case of low intensity exposure to asbestos, the Committee notes the Government’s indication that section 4(2) of the Rules on the protection of workers from the risks related to exposure to asbestos at work (Nos 93/05 and 43/11) excludes from the scope of application of section 6 (on notification), section 19 (on health surveillance) and section 20 (on the keeping of records) workers performing specific tasks, such as occasional maintenance or air-quality monitoring, during which they are occasionally exposed to a concentration of airborne asbestos fibres not exceeding a certain maximum limit value. The Committee requests the Government to provide information on the manner in which the concept of “occasional exposure to asbestos” is defined and to indicate the criteria establishing the dividing line between occasional and regular exposure to asbestos under the national legislation. It also requests the Government to indicate the measures taken or envisaged to ensure that the concentration of airborne asbestos dust in the workplace does not exceed the maximum limit value established and that workers occasionally exposed to asbestos are provided with medical examinations, in line with Article 21(1) of the Convention.
Article 20(2) and (4). Keeping of records on the monitoring of the working environment. Right to appeal concerning the results of the monitoring. Further to its previous comments, the Committee notes that pursuant to section 18(3) of the Rules on the protection of workers from the risks related to exposure to asbestos at work (hereinafter the Rules), the employer shall ensure that workers and/or their representatives have access to the results of measurements of airborne asbestos fibres concentration at the workplace and their interpretation and that they are informed as soon as possible when limit values are exceeded. While noting that the Government again refers to section 20 of the Rules, the Committee observes that this section only provides for the keeping of records of workers exposed to asbestos and does not establish an obligation to keep records of the monitoring of the working environment, as required by the Convention. In this connection, the Government is invited to consider the guidelines provided by Paragraphs 28 to 36 of the Asbestos Recommendation, 1986 (No. 172). The Committee requests the Government to indicate the provisions prescribing that records of measurements of the workplace shall be kept for a certain period of time (Article 20(2)) and guaranteeing the right of workers or their representatives to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20(4)).
Article 21(1). Post-employment medical examinations. The Committee notes that section 19(1) of the Rules provides for the medical examination of workers prior to the beginning of exposure to asbestos and at periodic intervals not exceeding three years during their employment. The Committee also notes that pursuant to section 19(3) and (4), an authorized physician may suggest that medical surveillance be continued after the end of exposure, based on the worker’s health assessment, for as long as he or she considers that such surveillance is necessary. The Committee recalls that under Article 21(1) of the Convention, the Government has the obligation to take measures to ensure that workers who are or have been exposed to asbestos shall be provided with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos. In this connection, the Committee draws the Government’s attention to Paragraph 31(3) of Recommendation No. 172, which provides that the competent authority should ensure that provision is made for appropriate medical examinations to continue to be available to workers after termination of an assignment involving exposure to asbestos. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure the supervision of the health of workers who have been exposed to asbestos, in accordance with Article 21(1) of the Convention, and to provide information in this respect.
Article 21(4). Maintenance of income for workers whose health is at risk. The Committee notes the Government’s indication that the Pension and Disability Insurance Institute provides for disability benefits for workers medically unfit for their job. It also notes the statistics supplied in the Government’s report. The Committee further notes that according to section 7(1) of the Remedying Consequences of Work with Asbestos Act (No. 51/09), workers exposed to asbestos are subject to a specific scheme whereby they are either granted a disability pension or, if they fail to meet certain conditions, they are entitled to preferential treatment in the active employment policy programmes. Recalling the obligation in Article 21(4) that every effort shall be made, consistent with national conditions and practice, to provide workers concerned with other means of maintaining their income, the Committee requests the Government to provide additional information on the application in practice of section 7 of Act No. 51/09.
Application of the Convention in practice. The Committee notes that according to the Government’s report, labour inspection services continue to carry out knowledge and awareness-raising activities on the relevant legislation and on best practices to minimize risks of occupational exposure to asbestos, through campaigns, seminars and workshops. It also takes note of the information concerning the number of infringements of the legislation reported by labour inspectors between 2009 and 2014. In this connection, it notes the Government’s indication that the number of violations with regard to asbestos disposal has decreased since 2011. The Committee requests the Government to continue to provide information on the practical application of the Convention, including extracts of inspection reports indicating the number of visits, the number and nature of contraventions reported and sanctions imposed, as well as statistics on the number of occupational diseases reported as being caused by asbestos.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Legislation. The Committee notes the information provided by the Government regarding the adoption of the Decree on the contents and elaboration of protection and rescue (Official Gazette of the Republic of Slovenia, No. 24/2012), section 10 of which gives effect to Article 16(b) of the Convention; the amendment of the Environmental Protection Act (ZVO-1B), section 81 of which gives effect to Article 8(2) of the Convention; and the amendment of the Decree on the prevention of major accidents and mitigation of their consequences (hereinafter the “Decree on major accidents”), which gives effect to Article 9(a)–(c) of the Convention. The Committee also notes the Government’s indication, in response to its previous comments on Article 1(2) of the Convention, that sections 52, 53 and 94 of the Rules on health and safety requirements for the use of work equipment (No. 101/04) apply to pipelines outside the site of major hazard installations. Furthermore, it notes that section 48 of the Health and Safety at Work Act (No. 43/11) gives effect to Article 18(2); and that effect is given to Article 20(b) and (c) through sections 13, 45, 46 and 48(4) of the Health and Safety at Work Act and section 6(4) of the Decree on the contents and elaboration of protection and rescue. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.
Article 4(1) of the Convention. Formulation, implementation and periodical review of a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee notes the Government’s indication according to which the necessity of preparing a programme to follow-up on the 2008–12 action programme for the limitation of environmental risks due to the hazards of major accidents will be discussed in the course of the transposition into law of the European Union Directive on the control of major accident hazards involving dangerous substances (SEVESO III), which will come into effect on 1 June 2015. The Committee requests the Government to provide updated information on the measures taken or envisaged, following the transposition into law of SEVESO III, to ensure the protection of workers, the public and the environment against the risk of major accidents. It also requests the Government to provide information on the consultations held with the most representative organizations of employers and workers regarding the formulation, implementation and periodical review of the national policy.
Article 10. Preparation of safety reports by employers. The Committee notes that section 13 of the Decree on major accidents establishes the elements which must be included in the safety report, with subsection 3 specifying that the safety report shall include the information and content specified in annex III of the Decree. The Committee requests the Government to submit a copy of annex III of the Decree on the prevention of major accidents and mitigation of their consequences, if possible in one of the working languages of the ILO.
Article 11. Review, update and amendment of the safety report by employers. The Committee notes that no information is provided regarding the obligation for employers to review, update and amend the safety report in the cases enumerated in this Article of the Convention. The Committee requests the Government to indicate the specific provisions of the legislation in force, and to provide information on any other measures, which give effect to this Article of the Convention.
Application of the Convention in practice. The Committee notes the information provided by the Government on the number of warnings, orders to remedy irregularities and fines imposed during the reporting period by the inspectors responsible for ensuring compliance of major hazard installations with the Decree on major accidents. The Committee also notes the data on the number of industrial accidents recorded during the reporting period, which decreased from 25 in 2008 to 18 in 2013. The Committee requests the Government to continue to provide information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
The Committee takes note of the Government’s first report.
Article 2(3) of the Convention. Measures that could be taken to ratify relevant ILO occupational safety and health (OSH) Conventions. The Committee requests the Government to provide information on the periodic consideration of measures that could be taken to ratify relevant OSH Conventions, including in the context of discussions in the tripartite Health and Safety at Work Council (HSWC), and on the outcome of the consultations held during the period covered by the next report.
Article 3. Formulation of a national policy. The Committee notes the information provided in the Government’s report that the new National Programme (NP) on Health and Safety at Work was developed by the Government through extensive discussions at the tripartite HSWC comprising representatives of the social partners and external experts, taking into account the assessment and analysis of the first NP adopted in 2013 and the changing environment of health and safety at work. Referring to its previous comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee notes with interest that the Resolution of this NP on Health and Safety at Work (2018–27) was adopted in March 2018 by the National Assembly.
Article 4(3)(h). Mechanisms for the progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and in the informal economy. The Committee notes the information provided in the Government’s report that it has joined the project for developing online interactive tools for risk assessment (OiRA), under the European Agency for Safety and Health at Work (EU-OSHA). This project takes into account the specific needs of micro and small enterprises and enterprises carrying out an individual economic activity. The Government indicates that, together with the social partners, it has so far posted 17 OiRA tools. The Committee also notes that the NP makes an explicit reference to the EU Strategic Framework on Health and Safety at Work 2014–20 and that Framework’s identification of challenges that require EU action, including improving the implementation of regulations in Member States, in particular by enhancing the capacity of micro and small enterprises to put in place effective and efficient risk-prevention measures. The Committee requests the Government to provide information on the outcome of the promotion and dissemination of the OiRA tools on OSH conditions in small and microenterprises and in the informal economy, as well as any other measures taken implemented in that respect.
Article 4(3)(b) and (d). Quality of internal safety officers and external expert service providers. The Committee notes that the labour inspection report for 2017, available on the website of the labour inspectorate, raises concerns regarding the quality of internal safety officers and external expert service providers that are authorized in accordance with Chapter VIII of the Health and Safety at Work Act. These concerns are related to the capacity and knowledge of these officers and providers, as well as the consistency in quality assurance processes. Noting the important role that safety officers and external expert service providers play in improving safety and health at work, the Committee takes note that the NP establishes objectives, performance targets, and measurement criteria with a view to addressing this issue. The Committee requests the Government to continue to provide information on any action taken to improve the quality of internal and external safety and health services, including progress achieved in relation to the objectives established in the NP.
Article 5(1). Implementation, monitoring, evaluation and periodic review of the national OSH programme. The Committee notes with interest that the NP 2018–27 will be implemented through a three-year action plan, which identifies measures, implementing bodies, the financial resources required, timelines and monitoring procedures. The NP indicates that the first three-year action plan will be adopted by the Government after consultations with the tripartite Economic and Social Council within 90 days of the adoption of the NP. The NP also states that an analysis of the implementation of the plan will be prepared after each three-year period expires and a new three-year plan will be prepared based on the analysis, as well as the OSH situation, for adapting it to the changes identified. The NP further identifies various ways of monitoring its implementation, including the use of statistical data, qualitative impact assessment, surveys and questionnaires. The Committee requests the Government to provide a copy of the first three-year action plan, as well as information on the results achieved through the implementation of the action plan, including relevant statistics and any impact assessments undertaken.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 3(1) of the Convention. Prohibition of the employment of young persons and women. The Committee notes that the Government’s report repeats the information provided in both 2004 and 2009 on provisions which prohibit the employment of young people on the basis of a risk assessment undertaken by the employer, taking into account the use of lead and its compounds; and provisions which provide protection for pregnant workers and workers who have recently given birth and are breastfeeding. The Committee once again refers the Government to its previous comments with regard to this Article, and reiterates its request that the Government provide information on measures taken or envisaged to prohibit the employment of men under the age of 18 years and of all women in any painting work of industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee also asks the Government to provide further information on the risk assessment to be undertaken by employers under section 6 of the rules on the protection of health at work of children, adolescents and young people, with particular reference to a risk assessment related to employment involving the use of lead and its compounds.
Article 5(I)(a). Prohibition against the use of white lead. The Committee notes that the Government refers to the information already provided in its previous report, indicating that section 8(1) and (2) of the regulation on the protection of workers from risks of exposure to chemical substances at work require an employer to remove, or reduce to the least possible extent, the risk of hazardous chemical substances to the safety and health of workers at work. The Committee reiterates its request that the Government take the necessary measures to ensure that use of white lead, sulphate of lead, or products containing these pigments is prohibited in painting operations, except in the form of paste or of paint ready to use.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee takes note of the Government’s first report.
Article 2(3) of the Convention. Measures that could be taken to ratify relevant ILO occupational safety and health (OSH) Conventions. The Committee requests the Government to provide information on the periodic consideration of measures that could be taken to ratify relevant OSH Conventions, including in the context of discussions in the tripartite Health and Safety at Work Council (HSWC), and on the outcome of the consultations held during the period covered by the next report.
Article 3. Formulation of a national policy. The Committee notes the information provided in the Government’s report that the new National Programme (NP) on Health and Safety at Work was developed by the Government through extensive discussions at the tripartite HSWC comprising representatives of the social partners and external experts, taking into account the assessment and analysis of the first NP adopted in 2013 and the changing environment of health and safety at work. Referring to its previous comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee notes with interest that the Resolution of this NP on Health and Safety at Work (2018–2027) was adopted in March 2018 by the National Assembly.
Article 4(3)(h). Mechanisms for the progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and in the informal economy. The Committee notes the information provided in the Government’s report that it has joined the project for developing online interactive tools for risk assessment (OiRA), under the European Agency for Safety and Health at Work (EU-OSHA). This project takes into account the specific needs of micro and small enterprises and enterprises carrying out an individual economic activity. The Government indicates that, together with the social partners, it has so far posted 17 OiRA tools. The Committee also notes that the NP makes an explicit reference to the EU Strategic Framework on Health and Safety at Work 2014–2020 and that Framework’s identification of challenges that require EU action, including improving the implementation of regulations in Member States, in particular by enhancing the capacity of micro and small enterprises to put in place effective and efficient risk-prevention measures. The Committee requests the Government to provide information on the outcome of the promotion and dissemination of the OiRA tools on OSH conditions in small and microenterprises and in the informal economy, as well as any other measures taken implemented in that respect.
Article 4(3)(b) and (d). Quality of internal safety officers and external expert service providers. The Committee notes that the labour inspection report for 2017, available on the website of the labour inspectorate, raises concerns regarding the quality of internal safety officers and external expert service providers that are authorized in accordance with Chapter VIII of the Health and Safety at Work Act. These concerns are related to the capacity and knowledge of these officers and providers, as well as the consistency in quality assurance processes. Noting the important role that safety officers and external expert service providers play in improving safety and health at work, the Committee takes note that the NP establishes objectives, performance targets, and measurement criteria with a view to addressing this issue. The Committee requests the Government to continue to provide information on any action taken to improve the quality of internal and external safety and health services, including progress achieved in relation to the objectives established in the NP.
Article 5(1). Implementation, monitoring, evaluation and periodic review of the national OSH programme. The Committee notes with interest that the NP 2018–27 will be implemented through a three-year action plan, which identifies measures, implementing bodies, the financial resources required, timelines and monitoring procedures. The NP indicates that the first three-year action plan will be adopted by the Government after consultations with the tripartite Economic and Social Council within 90 days of the adoption of the NP. The NP also states that an analysis of the implementation of the plan will be prepared after each three-year period expires and a new three-year plan will be prepared based on the analysis, as well as the OSH situation, for adapting it to the changes identified. The NP further identifies various ways of monitoring its implementation, including the use of statistical data, qualitative impact assessment, surveys and questionnaires. The Committee requests the Government to provide a copy of the first three-year action plan, as well as information on the results achieved through the implementation of the action plan, including relevant statistics and any impact assessments undertaken.

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

Legislation. The Committee notes the Government’s indication that numerous legislative changes have occurred since its last report, including the adoption of the Occupational Health and Safety Act (Official Gazette of the Republic of Slovenia, No. 43/11) which repeals the former Occupational Health and Safety Act and gives further effect to the provisions of the Convention, and the amendment of the Machinery Safety Rules (Nos 66/10 and 74/11). The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.
Article 2(3) and (4) of the Convention. Dangerous parts of machinery requiring guards. The Committee notes that Annex I of the Machinery Safety Rules, provided by the Government, contains essential health and safety requirements relating to the design and manufacture of equipment, namely with regard to the risks related to moving parts and moving transmission parts. Against this background, the Committee wishes to refer to its 1987 General Survey on safety in the working environment, paragraphs 82 et seq., in which it indicates that “it is essential for the effective application of Part II of the Convention that the national legislation designate those parts of machinery that present a danger and require appropriate guarding”, and that the initial definition of dangerous machinery and parts thereof, should as a minimum cover those parts enumerated in Article 2(3) and (4) of the Convention. The Committee notes that annex I of the Machinery Safety Rules does not include all the parts explicitly enumerated in Article 2 of the Convention. The Committee requests the Government to take all appropriate measures to include the list of dangerous parts of machinery, as contained in Article 2(3) and (4) of the Convention, in relevant laws and regulations.
Application of the Convention in practice. The Committee notes the information provided by the Government with regard to the high number of irregularities detected by the Labour Inspectorate in relation to the suitability of machinery and the examination and testing of work equipment, notably in the agricultural and construction sectors. The Committee requests the Government to provide information on measures taken or envisaged to address this high number of irregularities and to continue to provide information on the application of the Convention in practice.

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

Legislation. The Committee notes the information provided by the Government indicating the adoption of the Occupational Health and Safety Act (Official Gazette of the Republic of Slovenia, No. 43/11) and the amendment of the Employment Relationship Act (Nos 21/13 and 78/13); the Chemicals Act (Nos 9/11 and 83/12); the rules on the protection of workers from risks related to exposure to chemical substances at work (Nos 102/10 and 43/11); and the rules on the protection of workers from risks related to exposure to carcinogenic and mutagenic substances (No. 43/11). The Committee also notes that section 5 of the Rules on the protection of the health at work of pregnant workers and workers who have recently given birth and are breastfeeding (No. 82/03) and section 5 of the Rules on the protection of the health at work of children, adolescents and young adults (No. 83/08), in conjunction with articles 184 and 191 of the Employment Relationship Act, give effect to paragraphs 1 and 2 of Article 11 of the Convention, respectively. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.
Application of the Convention in practice. The Committee notes that no information is provided with regard to the application of the Convention in practice. The Committee requests the Government to provide information on the application of the Convention in practice and, if such statistics are available, information on the number of employed persons covered by the relevant legislation and other measures, the number and nature of contraventions reported, the number, nature and cause of occupational diseases reported, and so forth.

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

Legislation. The Committee notes the information provided by the Government regarding the adoption of the Occupational Health and Safety Act (Official Gazette of the Republic of Slovenia, No. 43/11), which repeals the Health and Safety Act, 1999, and has a broader scope of application; the Rules on regular updating of skills and training in the field of health and safety at work (No. 109/11); and the Rules on permits for performing safety at work-related tasks (No. 109/11). The Committee also notes the information provided by the Government on the effect given to Article 12(c) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the Convention.
Application of the Convention in practice. The Committee welcomes the Government’s indication that in order to help employers (particularly those employing a small number of workers) and workers understand and implement occupational safety and health (OSH) legislation, a number of manuals and publications on various topics were drawn up by the Ministry of Labour, Family and Social Affairs. The Committee also notes the indication that, in response to the 13 fatal occupational accidents which occurred in forestry work in 2013, the labour inspectorate drew up a guidance document on safe work in forests, which it published online. Furthermore, the Committee notes that the total number of OSH violations uncovered by the labour inspectorate increased from 15,939 in 2012 to 18,005 in 2013 and, from the detailed statistical data provided, that the number of occupational accidents in the mining sector has significantly decreased over the years, with no fatal accidents since 2008. The Committee requests the Government to continue to provide updated information on the manner in which the Convention is applied in practice and relevant statistics.

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

Legislation. The Committee notes the information provided by the Government on the adoption of the Occupational Health and Safety Act (Official Gazette of the Republic of Slovenia, No. 43/11) (hereinafter the “OHS Act”) which repeals the former Occupational Health and Safety Act and has a broader scope of application. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.
Article 8 of the Convention. Cooperation between employers, workers and their representatives. The Committee welcomes the Government’s indication regarding the 2012–13 “Working together for risk prevention” campaign, managed by the Ministry of Labour, Family, Social Affairs and Equal Opportunities (hereinafter the “Ministry”), which focused on encouraging cooperation of employers and workers in order to prevent occupational risks and manage occupational safety and health (OSH) issues. It also notes that the Ministry is working to raise employer and worker awareness with regard to OSH and, to that effect, organized a national competition in 2012 where organizations which demonstrated strong leadership and active involvement of workers and managers in the area of OSH were recognized. Furthermore, the Committee notes that section 13 of the OHS Act provides for the collaboration of employers, workers and their representatives on all questions related to OSH, and sections 45 and 46 provide for the inclusion of workers in OSH-related discussions and the consultation of workers or their representatives on risk assessment and any measures which might affect OSH. The Committee requests the Government to provide further information on the measures taken to ensure cooperation between employers, workers, and their representatives specifically with regard to occupational health services in the undertaking.
Article 15. Notification to occupational health services of occurrences of ill health and absence from work for health reasons in the interests of identifying any relation between the ill health and health hazards. The Committee notes that pursuant to section 33 of the OHS Act, an occupational medical practitioner may obtain access to information, with the worker’s consent, on their health status, treatment and rehabilitation from their general practitioner. In turn, if requested by the general practitioner, the occupational medical practitioner shall communicate information on the worker’s workload and workplace requirements. However, the Committee notes that no information is provided on the requirement for occupational health services to be informed of ill health among workers and absence from work for health reasons, in order to be able to identify whether there is any relation between the reasons for this ill health or absence and any health hazards which may be present at the workplace, as provided for by Article 15 of the Convention. The Committee therefore once again requests the Government to provide information on the measures undertaken to give effect to Article 15 of the Convention.
Application of the Convention in practice. The Committee notes the Government’s indication that the number of violations with regard to the provision of occupational healthcare has increased from 1,771 in 2012 to 1,970 in 2013, with half of these violations due to workers not being referred for a health examination. It also notes the substantial increase of the number of violations relating to the provision of first aid, from 174 in 2012 to 320 in 2013. The Committee also notes the Government’s indication that the Ministry is making an effort to improve this situation by raising employer and worker awareness and that, in reference to the Committee’s previous comments, the work of medical practitioners who perform preventive examinations of workers is currently supervised by the Medical Chamber of Slovenia, but that it would also like to establish a supervisory system specific to occupational health practitioners. The Committee requests the Government to continue to provide information on the supervision of occupational health practitioners. It also requests the Government to continue to provide general information on the application of the Convention in practice and relevant statistics.

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

Legislation. The Committee notes the information provided by the Government indicating the adoption of the Occupational Health and Safety Act (Official Gazette of the Republic of Slovenia, No. 43/11) and the amendment of the rules on the protection of workers from risks related to exposure to chemical substances at work (Nos 102/10 and 43/11) (hereinafter the “Rules on chemical substances”); the rules on the protection of workers from risks related to exposure to carcinogenic and mutagenic substances (No. 43/11) (hereinafter the “Rules on carcinogenic and mutagenic substances”), section 15 of which gives effect to Article 5 of the Convention; and the rules on preventive medical examinations of workers (No. 43/11). The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.
Article 1(2) of the Convention. Derogations from the prohibition against occupational exposure to carcinogenic substances. The Committee notes the Government’s indication that the prohibition of the chemicals listed in annex III of the Rules on chemical substances does not apply in a number of specific cases, namely if the chemical substance is present in another substance or if it is a component of waste, provided that the content of the chemical substance is lower than the specified mass percentage. The Committee requests the Government to clarify whether the Rules on carcinogenic and mutagenic substances provide for the granting of exemptions from the prohibition of carcinogenic substances, and if so, to specify the criteria that govern the granting of such exemptions.
Application of the Convention in practice. The Committee notes the Government’s indication that there are currently 65 employers in Slovenia who use carcinogens or mutagens and that employers attempt to replace such substances with less hazardous or non-hazardous chemical substances when it is technologically possible to do so. However, with reference to its previous comments relating to the lack of recording, by employers, of workers exposed to carcinogenic or mutagenic substances, the Committee notes that the Government does not provide information on measures taken or envisaged to address this issue. The Committee once again requests the Government to provide information on measures taken or envisaged to address the lack of recording, by employers, of workers exposed to carcinogenic or mutagenic substances. It also requests the Government to continue to provide information on the application of the Convention in practice, namely on the number of occupational diseases reported.

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

Legislation. The Committee notes the information provided by the Government regarding the adoption of the Health and Safety at Work Act (Official Gazette of the Republic of Slovenia, No. 43/11), which gives effect to Article 7(1) of the Convention (sections 49, 50 and 77); the practical guidelines on risk assessment for work with dangerous chemical agents; and the practical guidelines for health surveillance and biological monitoring of lead (No. 9/11). It also notes the Government’s indication that Slovenia transposed the directives of the European Union (EU) into its legislation in 2004 after consulting the most representative organizations of employers and workers and experts from the relevant research and educational institutions, and without modifying the criteria and exposure limits specified in the EU directives, thus giving effect to Article 8(2) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.
Article 11(3) of the Convention. Alternative employment or other measures to maintain the income of transferred workers. The Committee notes that sections 4, 7 and 8 of the Remedying Consequences of Work with Asbestos Act (No. 51/09) provide the workers covered by section 2 with the right to a disability pension under more favourable conditions. It also notes that under article 33(6) of the Health and Safety at Work Act, occupational medicine practitioners shall participate in the occupational rehabilitation process and advise on the choice of other appropriate work. With reference to its previous comments on this issue, the Committee requests the Government to provide further information on measures taken or envisaged to give effect to this Article of the Convention, and to indicate in particular whether the employer who receives this advice has the obligation to make every effort to provide the worker, whose continued assignment to work involving air pollution is found to be medically inadvisable, with suitable alternative employment.
Application of the Convention in practice. The Committee notes with interest the information provided by the Government according to which research on the effects on forestry workers of the vibration of chainsaws was conducted in 2009, and that these workers tested anti-vibration gloves to prevent the harmful effects of vibration. The Committee also notes the Government’s indication that during the reporting period, the annual reports of the labour inspectorate revealed that harmful noise was still present in numerous workplaces, particularly in those with outdated equipment, and that workers were insufficiently aware of the harmful consequences of noise and did not use personal protective equipment consistently. The Committee requests the Government to provide information on measures taken or envisaged to address the lack of awareness of workers on the hazards associated with noise, and to continue to provide information on the application of the Convention in practice.

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

Legislation. The Committee notes the information provided by the Government regarding the adoption of the Decree on the contents and elaboration of protection and rescue (Official Gazette of the Republic of Slovenia, No. 24/2012), section 10 of which gives effect to Article 16(b) of the Convention; the amendment of the Environmental Protection Act (ZVO-1B), section 81 of which gives effect to Article 8(2) of the Convention; and the amendment of the Decree on the prevention of major accidents and mitigation of their consequences (hereinafter the “Decree on major accidents”), which gives effect to Article 9(a)–(c) of the Convention. The Committee also notes the Government’s indication, in response to its previous comments on Article 1(2) of the Convention, that sections 52, 53 and 94 of the Rules on health and safety requirements for the use of work equipment (No. 101/04) apply to pipelines outside the site of major hazard installations. Furthermore, it notes that section 48 of the Health and Safety at Work Act (No. 43/11) gives effect to Article 18(2); and that effect is given to Article 20(b) and (c) through sections 13, 45, 46 and 48(4) of the Health and Safety at Work Act and section 6(4) of the Decree on the contents and elaboration of protection and rescue. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.
Article 4(1) of the Convention. Formulation, implementation and periodical review of a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee notes the Government’s indication according to which the necessity of preparing a programme to follow-up on the 2008–12 action programme for the limitation of environmental risks due to the hazards of major accidents will be discussed in the course of the transposition into law of the European Union Directive on the control of major accident hazards involving dangerous substances (SEVESO III), which will come into effect on 1 June 2015. The Committee requests the Government to provide updated information on the measures taken or envisaged, following the transposition into law of SEVESO III, to ensure the protection of workers, the public and the environment against the risk of major accidents. It also requests the Government to provide information on the consultations held with the most representative organizations of employers and workers regarding the formulation, implementation and periodical review of the national policy.
Article 10. Preparation of safety reports by employers. The Committee notes that section 13 of the Decree on major accidents establishes the elements which must be included in the safety report, with subsection 3 specifying that the safety report shall include the information and content specified in annex III of the Decree. The Committee requests the Government to submit a copy of annex III of the Decree on the prevention of major accidents and mitigation of their consequences, if possible in one of the working languages of the ILO.
Article 11. Review, update and amendment of the safety report by employers. The Committee notes that no information is provided regarding the obligation for employers to review, update and amend the safety report in the cases enumerated in this Article of the Convention. The Committee requests the Government to indicate the specific provisions of the legislation in force, and to provide information on any other measures, which give effect to this Article of the Convention.
Application of the Convention in practice. The Committee notes the information provided by the Government on the number of warnings, orders to remedy irregularities and fines imposed during the reporting period by the inspectors responsible for ensuring compliance of major hazard installations with the Decree on major accidents. The Committee also notes the data on the number of industrial accidents recorded during the reporting period, which decreased from 25 in 2008 to 18 in 2013. The Committee requests the Government to continue to provide information on the application of the Convention in practice.

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

Articles 20(1) and 21(1) of the Convention. Occasional exposure to asbestos. Measurement of the concentration of airborne asbestos dust in workplaces and medical examinations. With reference to its previous comment regarding the non-applicability of certain provisions in case of low intensity exposure to asbestos, the Committee notes the Government’s indication that section 4(2) of the Rules on the protection of workers from the risks related to exposure to asbestos at work (Nos 93/05 and 43/11) excludes from the scope of application of section 6 (on notification), section 19 (on health surveillance) and section 20 (on the keeping of records) workers performing specific tasks, such as occasional maintenance or air-quality monitoring, during which they are occasionally exposed to a concentration of airborne asbestos fibres not exceeding a certain maximum limit value. The Committee requests the Government to provide information on the manner in which the concept of “occasional exposure to asbestos” is defined and to indicate the criteria establishing the dividing line between occasional and regular exposure to asbestos under the national legislation. It also requests the Government to indicate the measures taken or envisaged to ensure that the concentration of airborne asbestos dust in the workplace does not exceed the maximum limit value established and that workers occasionally exposed to asbestos are provided with medical examinations, in line with Article 21(1) of the Convention.
Article 20(2) and (4). Keeping of records on the monitoring of the working environment. Right to appeal concerning the results of the monitoring. Further to its previous comments, the Committee notes that pursuant to section 18(3) of the Rules on the protection of workers from the risks related to exposure to asbestos at work (hereinafter the Rules), the employer shall ensure that workers and/or their representatives have access to the results of measurements of airborne asbestos fibres concentration at the workplace and their interpretation and that they are informed as soon as possible when limit values are exceeded. While noting that the Government again refers to section 20 of the Rules, the Committee observes that this section only provides for the keeping of records of workers exposed to asbestos and does not establish an obligation to keep records of the monitoring of the working environment, as required by the Convention. In this connection, the Government is invited to consider the guidelines provided by Paragraphs 28 to 36 of the Asbestos Recommendation, 1986 (No. 172). The Committee requests the Government to indicate the provisions prescribing that records of measurements of the workplace shall be kept for a certain period of time (Article 20(2)) and guaranteeing the right of workers or their representatives to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20(4)).
Article 21(1). Post-employment medical examinations. The Committee notes that section 19(1) of the Rules provides for the medical examination of workers prior to the beginning of exposure to asbestos and at periodic intervals not exceeding three years during their employment. The Committee also notes that pursuant to section 19(3) and (4), an authorized physician may suggest that medical surveillance be continued after the end of exposure, based on the worker’s health assessment, for as long as he or she considers that such surveillance is necessary. The Committee recalls that under Article 21(1) of the Convention, the Government has the obligation to take measures to ensure that workers who are or have been exposed to asbestos shall be provided with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos. In this connection, the Committee draws the Government’s attention to Paragraph 31(3) of Recommendation No. 172, which provides that the competent authority should ensure that provision is made for appropriate medical examinations to continue to be available to workers after termination of an assignment involving exposure to asbestos. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure the supervision of the health of workers who have been exposed to asbestos, in accordance with Article 21(1) of the Convention, and to provide information in this respect.
Article 21(4). Maintenance of income for workers whose health is at risk. The Committee notes the Government’s indication that the Pension and Disability Insurance Institute provides for disability benefits for workers medically unfit for their job. It also notes the statistics supplied in the Government’s report. The Committee further notes that according to section 7(1) of the Remedying Consequences of Work with Asbestos Act (No. 51/09), workers exposed to asbestos are subject to a specific scheme whereby they are either granted a disability pension or, if they fail to meet certain conditions, they are entitled to preferential treatment in the active employment policy programmes. Recalling the obligation in Article 21(4) that every effort shall be made, consistent with national conditions and practice, to provide workers concerned with other means of maintaining their income, the Committee requests the Government to provide additional information on the application in practice of section 7 of Act No. 51/09.
Application of the Convention in practice. The Committee notes that according to the Government’s report, labour inspection services continue to carry out knowledge and awareness-raising activities on the relevant legislation and on best practices to minimize risks of occupational exposure to asbestos, through campaigns, seminars and workshops. It also takes note of the information concerning the number of infringements of the legislation reported by labour inspectors between 2009 and 2014. In this connection, it notes the Government’s indication that the number of violations with regard to asbestos disposal has decreased since 2011. The Committee requests the Government to continue to provide information on the practical application of the Convention, including extracts of inspection reports indicating the number of visits, the number and nature of contraventions reported and sanctions imposed, as well as statistics on the number of occupational diseases reported as being caused by asbestos.

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

Article 3(1) of the Convention. Prohibition of the employment of young persons and women. The Committee notes that the Government’s report repeats the information provided in both 2004 and 2009 on provisions which prohibit the employment of young people on the basis of a risk assessment undertaken by the employer, taking into account the use of lead and its compounds; and provisions which provide protection for pregnant workers and workers who have recently given birth and are breastfeeding. The Committee once again refers the Government to its previous comments with regard to this Article, and reiterates its request that the Government provide information on measures taken or envisaged to prohibit the employment of men under the age of 18 years and of all women in any painting work of industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee also asks the Government to provide further information on the risk assessment to be undertaken by employers under section 6 of the rules on the protection of health at work of children, adolescents and young people, with particular reference to a risk assessment related to employment involving the use of lead and its compounds.
Article 5(I)(a). Prohibition against the use of white lead. The Committee notes that the Government refers to the information already provided in its previous report, indicating that section 8(1) and (2) of the regulation on the protection of workers from risks of exposure to chemical substances at work require an employer to remove, or reduce to the least possible extent, the risk of hazardous chemical substances to the safety and health of workers at work. The Committee reiterates its request that the Government take the necessary measures to ensure that use of white lead, sulphate of lead, or products containing these pigments is prohibited in painting operations, except in the form of paste or of paint ready to use.

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

The Committee notes the information supplied by the Government in its detailed first report on the application of the Convention, and notes the relevant legislation and regulations in force, particularly the Decree on the Prevention of Major Accidents and Mitigation of their Consequences, the 2012/18/EU Directive on the control of major accident hazards involving dangerous substances (SEVESO II) and the Health and Safety at Work Act (ZVZD-1), adopted in 2011.
Article 1(2) of the Convention. Application of the Convention to major hazard installations. The Committee notes that in its report the Government indicates that the control regime, established by environmental legislation to manage hazards of major accidents, covers fixed major hazard installations and does not cover transport of substances by pipelines nor any installations defined in Article 1(3). The Committee notes that the report does not indicate the provisions ensuring that the Convention applies to transport pipelines outside the site of major hazard installations. The Committee requests the Government to indicate the legislative provisions that apply to transport by pipelines outside the site of major hazard installations.
Article 4(1). Formulation, implementation and periodical review of a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee notes the Government’s indication that the national policy concerning the protection of workers, the public and the environment against the risk of major accidents is defined in the action programme for the limitation of environmental risks due to the hazards of major accidents. The action programme, which was prepared and implemented for the 2008–12 period, was composed of a set of concrete measures, activities and actions to be undertaken in order to achieve the goals defined in the Ministry of Agriculture and Environment’s policy for the prevention of major accidents. The Committee also notes the Government’s indication that a new action programme, based on the review of the 2008–12 programme, is to be prepared and adopted in 2013, and will target further progress in the management of major accident hazards. The Committee asks the Government to provide information on the results of the 2008 programme review, the content and implementation of the next action programme, and to indicate any additional measures taken or envisaged to ensure the protection of workers, the public and the environment against the risk of major accidents. The Committee also invites the Government to provide it with information on the measures taken to fulfil the requirement of holding consultations with the most representative organizations of employers and workers before formulating and implementing the national policy.
Article 5(1). System for the identification of major hazard installations. The Committee notes that in its report, the Government indicates that the public is invited to give its opinion, comments and suggestions during the process of developing the identification system for major hazard installations. The Committee invites the Government to provide it with information on the measures taken to fulfil the requirement of holding consultations with the most representative organizations of employers and workers before establishing a system for the identification of major hazard installations.
Article 5(2). Regular review and update of the system for the identification of major hazard installations. The Committee notes that the Government’s report does not provide information on the measures taken to ensure the regular review and update of the system for the identification of major hazard installations. The Committee requests the Government to describe measures taken or envisaged to ensure that the system for the identification of major hazard installations is regularly reviewed and updated.
Article 6. Protection of confidential information. The Committee notes that the Government’s report does not provide information on consultation, by the competent authority, of the most representative organizations of employers and workers before making special provision to protect confidential information transmitted or made available to it. The Committee asks the Government to provide information on the measures taken to fulfil the requirement of holding consultations with the most representative organizations of employers and workers.
Article 8(2). Establishment of a procedure to notify the competent authority before any permanent closure of a major hazard installation. The Committee notes that the Government’s report does not contain information on the application of this Article of the Convention. The Committee asks the Government to provide information on any measures taken or envisaged to establish a procedure to notify the competent authority before any permanent closure of a major hazard installation.
Article 10. Preparation of safety reports by employers. The Committee notes that the Decree on the Prevention of Major Accidents and Mitigation of their Consequences stipulates that operators of existing major hazard installations and investors for operators of future major hazard installations must prepare a safety report and submit it to the competent authority as part of the application for an environmental permit. The Government indicates that the Decree defines the issues to be addressed in the safety report and that these elements comply with the requirements of Article 9 of the Convention. The Committee invites the Government to submit a copy of the Decree on the Prevention of Major Accidents and Mitigation of their Consequences, in one of the working languages of the ILO if possible.
Article 16(b). Responsibilities of the competent authorities concerning off-site emergency preparedness. The Committee notes that effect is given to subparagraph (a) of this Article by the environmental control regime, which provides that operators of major hazard installations have the responsibility to inform the public on safety measures and the behaviour to adopt in the event of an accident. The Environmental Protection Act, which provides for the submission of data on major hazard installations with a potential for transboundary effects to the competent authorities in neighbouring countries, gives effect to subparagraph (c) of the Article. However, the Committee notes that no information is provided on the effect given to subparagraph (b), which obliges the competent authority to ensure that warning is given as soon as possible in the case of a major accident. The Committee requests the Government to provide information on the measures taken to ensure that warning is given to members of the public or neighbouring countries, as soon as possible, in the case of a major accident.
Article 18(2). Right for representatives of employers and workers to accompany inspectors. The Committee notes that the Government’s report does not provide information on the right for representatives of employers and workers to accompany inspectors supervising the application of the measures prescribed in the Convention. The Committee asks the Government to indicate any measures taken or envisaged to ensure that representatives of the employer and workers of a major hazard installation have the opportunity to accompany inspectors supervising the application of the measures prescribed in this Convention.
Articles 8(1)(a), 9(a)–(c), 11(a)–(d), and 20(b) and (c). The Committee notes that the information provided by the Government covers only part of the present Articles of the Convention, for which very specific information is required. The Committee requests the Government to provide detailed information on the manner in which effect is given to these Articles of the Convention in practice.
Part V of the report form. Application in practice. The Committee, noting the Government’s first report, asks it to provide a general appreciation of the manner in which the Convention is applied in practice, and in particular to indicate any data available on the number of workers covered by the measures giving effect to the Convention, the number and nature of the infringements reported, and the number, nature and cause of accidents reported concerning major hazard installations.

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

Article 3, paragraph 1, of the Convention. Prohibition of the employment of young persons and women. The Committee notes the information provided by the Government, as in its previous report, on provisions providing protection for pregnant workers and workers who have recently given birth and are breastfeeding; and provisions which prohibit the employment of young people on the basis of a risk assessment undertaken by the employer, taking into account the use of lead and its compounds. The Committee refers the Government to its previous comments with regard to this Article, and reiterates its request that the Government provide information on measures taken or envisaged to prohibit the employment of males under the age of 18 years and of all females in any painting work of industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee also asks the Government to provide further information on the risk assessment to be undertaken by employers under section 6 of the rules on the protection of health at work of children, adolescents and young people, with particular reference to a risk assessment related to employment involving the use of lead and its compounds.

Article 5, paragraph 1(a). Prohibition against the use of white lead. The Committee notes the information provided by the Government indicating that the provisions of the regulation on the protection of workers from risks of exposure to chemical substances at work require an employer to remove, or reduce to the least possible extent, the risk of hazardous chemical substances to the safety and health of workers at work. The Committee reminds the Government that Article 5(1)(a), requires a prohibition against the use of white lead, sulphate of lead, or products containing these pigments in painting operations except in the form of paste or of paint ready for use.

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

The Committee notes with interest the information provided by the Government in its latest report indicating recent legislative amendments, including Rules on the protection of workers from the risk related to the exposure to asbestos at work (No. 93/05); the Decree on the conditions for the disposal of materials containing asbestos in the demolition, reconstruction or maintenance of buildings and in the maintenance and decommissioning of plants (No. 60/06); and the Rules on management of waste containing asbestos (No. 34/08), which appear to give further effect to the provisions of the Convention. The Committee also notes the responses provided by the Government indicating effect given to Articles 2(b), 6(3), 17(3), 18(3) and 21(2) of the Convention. The Committee asks the Government to supply copies of these Rules with its next report, and continue to provide information on legislative measures undertaken with regards to the Convention.

Article 1, paragraph 2, of the Convention. Consultation with organizations of employers and workers on exclusions. The Committee notes the Government’s statement indicating that Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos of 23 April 2001 has been repealed and replaced by a new set of rules. The Committee requests the Government to indicate whether the new Rules on the protection of workers against hazards due to occupational exposure to asbestos provide for the non-applicability of certain provisions, in cases where the concentration of specific airborne asbestos fibres measured in a workplace does not exceed the indicated value, and, if so, in which manner the most representative organizations of employers and workers concerned have been consulted on the inclusion of such exceptions.

Article 20, paragraph 2. Keeping of records on the monitoring of the working environment and of the exposure of workers. The Committee notes that section 20 of the Rules on the protection of workers from the risk related to the exposure to asbestos at work requires the employer to keep records of workers exposed to asbestos dust or dust from materials containing asbestos. The same provision further prescribes the elements which must be contained in these records, i.e. the description of the type, the duration and the level of exposure; and that the employer must keep the records for 40 years. The Committee asks the Government to indicate whether records of workers exposed to asbestos dust or dust from materials containing asbestos must also include results of the monitoring of the working environment.

Article 21, paragraph 4. Maintenance of income for workers whose health is at risk. With reference to the information provided by the Government in its reports on the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), the Committee notes that section 11 of the Health and Safety Act, 1999, states that work-related health impairment may not affect an employee’s pay nor encroach upon his economic and social status acquired through work; and that, under section 91 of the Pension and Disability Insurance Act, an insuree who can work full-time in their profession but is unable to work in the working place to which they have been assigned, obtains the right to reassignment, and has the right to a disability benefit (section 92). The Committee asks the Government to provide information on the application of
sections 91 and 92 of the Pension and Disability Insurance Act in practice.

Part V of the report form. Application in practice. The Committee welcomes the efforts undertaken in Slovenia during the European Asbestos Campaign, including the training of all inspectors from the area of occupational health and safety. The Committee also notes the information provided by the Government on issues identified during inspections, including a lack of employers providing workers with training for performing safe work with asbestos; the low incident of notification by employers on the use of asbestos; and the high number of violations recorded in the area of waste disposal of materials containing asbestos. The Committee notes the information provided by the Government indicating the regulations that remain in force under section 65 of the Health and Safety at Work Act, 1999, and the Government’s statement that data on the acquisition of technology and equipment for the production of non-asbestos fibre-cement products is not available. The Committee requests the Government to provide information on measures taken or envisaged to address the issues identified during inspections; and to continue to provide information on the application of the Convention in practice.

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

The Committee notes with interest the information provided by the Government in its latest report indicating recent legislative amendments, including the Machinery Safety Rules (Official Gazette of the Republic of Slovenia, No. 75/08), which give further effect to the provisions of the Convention. The Committee also notes the responses provided by the Government indicating effect given to Articles 2(1) and (2), 4, 6, 7, 10, 11, 12, 13 and 16 of the Convention. The Committee asks the Government to include a copy of the Machinery Safety Rules No. 75/08 with its next report and to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 2, paragraphs 3 and 4, of the Convention. Provisions of national laws or regulations, or prevention by other equally effective measures, prohibiting the sale, hire, transfer in any other manner, and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee notes the information referring to section 7 of the Machinery Safety Rules, which requires the manufacturer or his authorized representative, before placing machinery on the market and/or putting it into service, to ensure that it satisfies the relevant essential health and safety requirements set out in annex I of these Rules. The Committee asks the Government to submit a copy of the abovementioned annex with its next report.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government with regard to the high number of irregularities related to safety devices, inscriptions and warnings in the construction industry and wood processing sector. The Committee asks the Government to provide information on measures taken or envisaged to address this high number of irregularities and to continue to provide information on the application of the Convention in practice.

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

The Committee notes the information provided by the Government in its latest report indicating recent legislative amendments, which give further effect to the provisions of the Convention. The Committee also notes the responses provided by the Government indicating effect given to Articles 2(1), 3(1), 4, 6(2) and (3), and 9 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 11, paragraphs 1 and 2. The Committee notes the information provided by the Government indicating that section 4(3) of the rules on the protection of workers from risks related to exposure to carcinogenic or mutagenic substances stipulates that the employer must pay particular attention to carrying out risk assessments for young workers, pregnant workers, and workers who are breastfeeding, who may come into contact with such substances, and must consider the possibility of transferring these groups of workers. The Committee reiterates its request that the Government indicate the legislative measures envisaged to ensure that pregnant women, nursing mothers and young persons under the age of 18 are not engaged in any work involving exposure to benzene, in compliance with Article 11 of the Convention.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government referring to its response under the Occupational Cancer Convention, 1974 (No. 139), with regard to the application of the Convention in practice. The Committee also notes the information provided by the Government indicating the regulations that remain in force under section 65 of the Health and Safety at Work Act, 1999. The Committee requests the Government to continue to provide information on the application of the Convention in practice.

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

The Committee notes with interest the information provided by the Government in its latest report indicating recent legislative amendments, including rules on the protection of workers from risks of exposure to carcinogenic or mutagenic substances (No. 101/05), and rules on preventive health examinations of workers (No. 124/06), which give further effect to the provisions of the Convention. The Committee asks the Government to supply copies of these rules with its next report, and to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 1, paragraph 2, of the Convention. Derogations from the prohibition against occupational exposure to carcinogenic substances. The Committee notes the Government’s statement that the latest rules on the protection of workers from risks of exposure to carcinogenic or mutagenic substances annul the previous Rule No. 38/00 of 25 May 2000. The Committee asks the Government to indicate whether Rule No. 101/05 provides for the granting of exceptions from the interdiction of carcinogenic substances, and if so, to specify the criteria that govern the granting of such exceptions.

Article 5. Post-medical examination of workers. The Committee notes the information provided by the Government indicating that access to health examinations upon the termination of employment, are provided for within the public health system which covers all citizens of the Republic of Slovenia. The Committee asks the Government to provide further information on measures undertaken or envisaged to promote medical check-ups, within the public health system, to employees after exposure to carcinogenic substances, in order to fully apply Article 5 of the Convention. Furthermore, the Committee, referring to its previous comments, asks the Government to indicate whether the new Rules on the protection of workers from risks of exposure to chemical substances at work requires the Minister responsible for labour to publish practical guidelines in the official Gazette of the Republic of Slovenia for the implementation of health surveillance and biological monitoring of workers who have been exposed to hazardous chemical substances for which binding limit values have been established, and, if so, the Committee reiterates its requests that the Government indicate whether such guidelines have been issued and to supply a copy of them with its next report.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Government indicating that in the course of inspections between 2005–06, it was established that a considerable number of employers had successfully replaced carcinogenic or mutagenic substances with less hazardous chemical substances, and that closed systems had been introduced in almost all cases where carcinogenic or mutagenic substances are used. The Committee also notes the Government’s statement that these inspections have also highlighted that employers do not keep records and fail to regularly update their lists of workers exposed to carcinogenic or mutagenic substances. The Committee asks the Government to provide information on measures taken or envisaged to address the lack of recording, by employers, of workers exposed to carcinogenic or mutagenic substances; to provide statistical information on the number of occupational diseases reported; and to continue to provide information on the application of the Convention in practice.

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

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

Article 7, paragraph 1. Measures to require workers to comply with safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration in the working environment. The Committee notes the information provided by the Government indicating the numerous provisions which state the obligations on the employer with regards to the safety and health of their workers in the workplace. The Committee asks the Government to indicate the provisions requiring workers to comply with safety procedures against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8, paragraph 2. Elaboration of criteria and determination of exposure limits shall take into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned. The Committee notes the information provided by the Government indicating that representatives of employers and workers are directly involved in the process of creating regulations in the field of health and safety and work. The Committee reiterates its request that the Government indicate whether the opinions of technically competent persons, designated by the most representative organizations of employers and workers concerned, were taken into account in the elaboration of the criteria and the determination of the exposure limits to air pollution, noise and vibration at work.

Article 11, paragraph 3. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee notes that section 11 of the Health and Safety Act, 1999, states that work-related health impairment may not affect an employee’s pay nor encroach upon their economic and social status acquired through work. The Committee also notes that section 15(4) of the Rules on protection of workers from risks related to exposure to noise at work, and section 10 of the Rules on protection of workers from risks related to exposure to vibration at work, state that where a medical practitioner advises the employer of adverse effect on the worker’s health caused by exposure to noise or vibration, the employer should, inter alia, consider the possibility of transferring the worker to another workplace, which does not entail the risk of further exposure. Furthermore, the Committee notes the information that, under section 91 of the Pension and Disability Insurance Act, an insuree who can work full-time in their profession but is unable to work in the working place to which they have been assigned, obtains the right to reassignment, and has the right to a disability benefit (section 92). The Committee asks the Government to provide information on measures taken or envisaged to ensure that an employer must consider the possibility of transferring a worker whose continued assignment to work involving exposure to air pollution is found to be medically inadvisable; and to provide information on the application of sections 91 and 92 of the Pension and Disability Insurance Act in practice.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government stating that, according to the 2008 annual report of the labour inspectorate, irregularities identified during inspections are often due to insufficient awareness by workers and employers with regards to hazardous and noxious substances. The Committee also notes the information indicating that there is a need to promote the hazards of vibration at the workplace given the lack of practice in this area, except in occupations where such a hazard is obvious, for example forestry work and wood processing. The Committee asks the Government to provide information on measures taken or envisaged to address the lack of awareness in workplaces on hazards from the use of noxious substances, and from vibration; and to continue to provide information on the application of the Convention in practice.

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

The Committee notes the information provided by the Government in its latest report indicating a number of recent legislative amendments which give further effect to the provisions of the Convention. The Committee also notes the responses provided indicating effect given to Article 1(2); Article 2(2); Article 5(e); Article 7; Article 11(b); and Article 19(e). The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 12, subparagraph (c). Studies and research by manufacturers, importers and providers of machinery, equipment and substances necessary to ensure their safe use. The Committee notes the information provided by the Government indicating the requirements under the Machinery Safety Rules for manufacturers to comply with essential health and safety standards when placing machinery on the market, and to provide technical documentation for every machine or safety component in accordance with Article 12(a) and (b). The Committee asks the Government to provide further information on measures taken or envisaged to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, undertake studies and research, or otherwise keep abreast, of the scientific and technical knowledge as required by Article 12(c).

Part V of the report form. Application in practice. The Committee welcomes the comprehensive information available online in the Labour Inspectorate annual report for 2004, and statistical data on inspections in the field of occupational health and safety and on work accidents. The Committee notes that in 2004 there were 176,335 employers subject to inspection, employing a total of 782,206 employees. The Committee also welcomes the information indicating the continuing decrease in the number of fatalities and the number of serious workplace accidents, with the number of fatal accidents at work falling from 26 in 2002 to 13 in 2004, and the number of serious workplace injuries reported and investigated falling from 325 in 2003 to 323 in 2004. The Committee notes the statement that fatal accidents in 2004 occurred primarily at small businesses, and that the most common business activity involved in the 2004 cases was the construction industry. The Committee requests the Government to provide information on measures taken or envisaged to address the trends noted above, and to continue to provide updated information on the manner in which the Convention is applied in practice.

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

The Committee notes the information provided by the Government in its latest report, and the observations received by the Confederation of New Trade Unions of Slovenia–“Neodvisnost”. The Committee also notes recent amendments to the General Practitioner Services Act and the Health Services Act, and the responses provided by the Government indicating further effect given to Article 1(a); Article 3; Article 5(b); Article 6(a); and Article 10 of the Convention. The Committee requests the Government to continue to provide information on relevant legislative and other measures taken to give effect to the Convention.

Article 8. Cooperation between employers, workers and their representatives in the undertaking, and the occupational health services. The Committee notes the Confederation of New Trade Unions of Slovenia–“Neodvisnost”’s indication that workers’ representatives in manufacturing companies are usually not familiar with risk assessments prepared by authorized medical practitioners, and their opinion is also not taken into consideration in the preparation of such assessments. The Committee asks the Government to provide information on the measures taken to address the abovementioned issue, and to indicate measures to ensure that there is cooperation between employers, workers, and their representatives, in an undertaking, and the occupational health services engaged to provide health services.

Article 15. Occupational health services shall be informed of ill health among workers and absence from work for health reasons. The Committee notes the information provided by the Government indicating that, according to section 13 of the rules concerning preventive medical examinations of workers, a medical practitioner shall obtain the worker’s medical file prior to the medical examination, in order to assess the worker’s compliance with specific health requirements for specific work. The Committee reiterates its request that the Government provide further information on the specific measures undertaken to ensure that occupational health services are informed of occurrences of ill health among workers, and absence from work for health reasons, particularly in situations where such information is not apparent in the workers’ medical files.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government indicating the high number of deficiencies regarding provision of preventive medical examinations, particularly in the construction sector, which has been identified during labour inspections. The Committee also notes the Confederation of New Trade Unions of Slovenia–“Neodvisnost”’s statement which indicates that a private medical practitioner allegedly carried out 70 preventive health examinations in one day; that employers order safety statements from the cheapest provider and keep them only to comply with regulations; that these statements are often of low quality; and are not revised or amended when new technological processes are introduced. The Committee asks the Government to provide information on measures taken or envisaged to address the issues identified above, both by the labour inspectorate and the Confederation of New Trade Unions of Slovenia–Neodvisnost; and to continue to provide information on the application of the Convention in practice.

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

The Committee notes with satisfaction the information provided by the Government indicating the adoption of Rules on the protection of workers from risks related to exposure to vibration at work (No. 94/2005); recent legislative amendments to the Rules on the protection of workers from risks related to exposure to chemical substances at work (No. 53/2007), and the Rules on the protection of workers from risk related to exposure to noise at work (No. 18/2006) which indicate effect given to Article 3, Article 4, Article 8(1) and (3), Article 9, Article 12 and Article 15 of the Convention.

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

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, including the Health and Safety at Work Act (Official Gazette (OG) No. 56/99 and 64/01), the Order on Machinery Safety (Official Gazette No. 52/00 and 57/00) and the Rules on Health and Safety Requirements for the Use of Work Equipment (OG No. 89/99 and No.101/04).

2. As further detailed below, the Committee notes that the relevant legislation does not seem to contain provisions giving effect or full effect to some of the provisions of the Convention. The Government is requested to submit further information and clarifications as to whether and in what way effect has been given, or is envisaged to be given, to the following provisions of the Convention:

–      Article 2. Provisions of national laws or regulations, or prevention by other equally effective measures, prohibiting the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards;

–      Article 4. Measures ensuring compliance by the vendor, the person letting out on hire or transferring the machinery in any other manner, as well as the exhibitor with the provisions of Article 2;

–      Article 6. Provisions of national laws or regulations prohibiting the use of machinery, any dangerous part of which, including the point of operation, is without appropriate guards;

–      Article 7. Provisions establishing the Employer’s obligation to ensure compliance with the provisions of Article 6;

–      Article 10. Provisions providing for the Employer’s obligation to take steps to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them;

–      Article 11. Measures ensuring that workers are not allowed to use and are not required to use any machinery without the guards provided being in position;

–      Article 12. Measures ensuring that workers’ rights under national social security or social insurance legislation are not affected;

–      Article 13. Measures ensuring the application to self-employed workers of the provisions relating to the obligations of employers and workers; and

–      Article 16. Measures ensuring the consultation with the most representative organizations of employers and workers concerned made during the preparation of national laws or regulations, giving effect to the provisions of this Convention.

3. Part V of the report form. Practical application of the Convention. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

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

1. The Committee notes the information contained in the Government’s report, including the attached legislation and documentation. The Committee notes with interest the adoption of the Health and Safety at Work Act (Ur.l.RS, No. 56/99 in 64/01), the Health Services Act (Ur.l.RS, No. 9/92, 2/04), the Medical Service Act (Ur.l.RS, No. 98/99, 67/02, 15/03, 2/04), the Resolution on National Programme of Health and Safety at Work (Ur.l.RS, No. 126/03) and the Rules on Preventive Health Examination of Workers (Ur.l.RS, No. 87/02). It also notes the information provided by the Government’s report concerning effect given to Articles 1(b), 2, 5, paragraphs (c) to (i), 6(b), 7, 9, paragraph 2, 11 and 14 of the Convention.

2. Article 1(a). Objectives and functions of occupational health services. The Committee notes that the tasks of medical services are performed by authorized physicians, in accordance with sections 20 and 21 of the Health and Safety at Work Act. These authorized physicians cooperate in risk assessments at the workplace, acquainting workers with risks, and perform the task of health education of workers, propose measures for improving the health of workers exposed to greater danger of injury and health damage, and advise employers in relation to working processes. The Committee notes that this text does not contain indications with regard to establishing and maintaining mental health or the adaptation of work to the capabilities of workers as required by this Article of the Convention. The Committee requests the Government to indicate in its next report the measures taken or envisaged to give full effect to this Article of the Convention.

3. Article 3. Establishment of health services. Referring to its previous comments, the Committee notes that medical verification units in the transport and sport sectors have been established at the primary, secondary and tertiary levels. It also notes that the Health and Safety at Work Act seems to exclude from its scope the activities related to defence and internal affairs, which remain regulated under special regulations. The Committee requests the Government to provide information in its next report on measures taken to ensure that all workers in all branches of economic activity and all enterprises are covered by occupational health services. It also requests the Government to indicate the procedures followed for consultations with representative organizations of employers in this context.

4. Article 5(b). Functions of occupational health services. With reference to its previous comments, the Committee notes that the Government’s report does not contain indications in response to its request. The Committee reiterates its request to the Government to take the necessary measures to ensure surveillance of the working environment and working practices which may affect workers’ health, including sanitary installations, canteens and housing, where these facilities are provided by the employer.

5. Article 6(a). Measures to organize occupational health services. With reference to its previous comments, the Committee notes that the Government’s report does not contain indications regarding the establishment of occupational health services as provided for by the Convention. The Committee asks once again the Government to indicate in its next report how effect is given to this provision of the Convention.

6. Article 10. Independence of health service personnel. The Committee notes that the tasks of health care at work are performed by a public health institution, legal entity or physical person, which guarantees the independence of authorized physicians. The Committee requests the Government to indicate the measures adopted to ensure that personnel providing occupational health services enjoy full professional independence from employers, workers and their representatives.

7. Article 15. Notification to health services of absences from work for health reasons. With reference to its previous comments, the Committee notes that the report does not provide any information with respect to notifications to health services of absence of work for health reasons. The Committee hopes that the necessary measures will be taken in the very near future to ensure that the occupational health services are regularly informed of occurrences of ill health amongst workers and absence from work for health reasons so that they might 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.

8. Part VI of the report form. Practical application. The Committee notes the report of the labour inspectorate for 2003 that preventive health examinations are carried out by physicians specializing in occupational medicine, but that the prescribed time limits for examinations are varied. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice with particular attention to statistical data, disaggregated by gender, if possible, concerning the activities of occupational health services.

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

1. The Committee notes the information provided by the Government in its reports. It requests the Government to supply supplementary information on the following points:

2. Article 1, paragraph 2, and Article 2, paragraph 2, of the Convention. Possible exclusions from the application of the Convention. The Committee notes that article 2 of Health and Safety at Work Act (Official Gazette No. 50/99 as amended until Official Gazette No. 64/01) lays down that it is not applied in spheres of economic activity or parts thereof where the insurance of health and safety at work is governed by special regulation. The Government is requested to indicate whether such special regulations governing the issues of safety and health covering any special spheres of economic activity have been adopted.

3. Article 5, paragraph (e). Main spheres of action taken into consideration by the national policy. The Committee requests the Government to indicate provisions establishing protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them which should be covered by the occupational safety and health (OSH) policy as one of its main spheres of action.

4. Article 7. Arrangements made for reviews provided for at appropriate intervals.  The Government is requested to submit information concerning the review process carried out at the national or branch (particular area) level and to specify the intervals at which such reviews take place.

5. Article 11, paragraph (b). Determination of work processes the exposure to which is to be prohibited, limited or made subject to authorisation or control by the competent authority. The Committee notes that the Practical Guidelines for Work with Dangerous Chemical Substances contain classification of such substances, information about three groups of measures, namely: (i) technical; (ii) organizational; and (iii) of individual safety, which are intended for protecting employees against dangerous substances at work. Noting that the substances to which this Article of the Convention applies are not limited to chemical substances, the Committee requests the Government to indicate the manner in which the competent authority ensures the function of determination of work processes which can be prohibited, limited, made subject to authorization or control.

6. Article 12. Obligations of designer, manufacturer, importer and provider of machinery, equipment or substances for occupational use. The Government is requested to indicate measures to be taken in order to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use satisfy themselves that equipment or substance does not entail dangers for the safety and health of those using it correctly; make available information concerning the correct installation and use of machinery and equipment and the correct use of substances as well as instructions on how hazards are to be avoided; undertake studies and research or otherwise keep abreast of the scientific and technical knowledge.

7. Article 19, paragraph (e). Arrangements to make workers or their representatives able to inquire into their occupational safety and health aspects. The Committee requests the Government to indicate legislative and/or practical measures enabling workers or their representatives to enquire into all aspects of OSH associated with their work.

8. Part V of the report form. Information on the manner in which the Convention is applied in practice. The Committee takes note of the information provided by the Government in selected chapter of the "Report on work and activities of the labour inspectorate for 1998". The Government is requested to keep it informed of such activities supplying extracts from inspection reports and, where such statistics exist, information of the number of workers covered by the legislation, if possible, disaggregated by gender, the number and nature of the contraventions reported, the number, nature and cause of the accidents reported, etc.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s comprehensive report. It notes the information supplied by the Government with regard to Article 5, paragraph 2(a), and Article 7 of the Convention. Further to its previous comments, the Committee would draw the Government’s attention to the following points.

1. Article 3. Prohibition of employment of young persons and women. The Committee notes article 195 of the Employment Relations Act (Ur.1.RS, 42/02) specifying the work, which may not be carried out by a worker under the age of 18. With regard to painting work involving the use of white lead, article 195, paragraph 2, of this Act stipulates that a worker under the age of 18 may not be engaged to carry out work involving exposure to risk factors and procedures, and work which, according to the risk assessment, entails a risk to safety, health and development of the worker. The types of work covered by article 195, paragraph 2, of the Employment Relations Act have to be defined by an executive regulation which, pursuant to paragraph 4, is to be issued by the minister competent for labour in agreement with the minister competent for health. In this respect, the Committee notes the Rules on the protection of health at work of children, adolescents and young people of 9 July 2003, issued by the minister responsible for labour in agreement with the minister responsible for health in application of articles 195 and 214 of the Employment Relations Act (Ur.1.RS, 42/02). Pursuant to article 6 of the above Rules, young persons under the age of 18 years are prohibited to carry out work for which the risk assessment indicates a potential harmful effect on safety, health and development. In assessing the risk, the employer must, inter alia, take into account certain risk agents, such as lead and its compounds. According to the Committee’s understanding, work involving the use of lead or its compounds is not generally prohibited for young persons under the age of 18 years, but restricted. The Committee hence reminds the Government that Article 3, paragraph 1, of the Convention calls for the prohibition of any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. According to Article 3, paragraph 2, of the Convention, the competent authorities are authorized to permit the employment of painters’ apprentices in the work prohibited by virtue of Article 3, paragraph 1, of the Convention, after consultation with employers’ and workers’ organizations concerned, with a view to their education in their trade. Thus, young persons under 18 years of age may only be engaged to carry out work involving the use of white lead or sulphate of lead or other products containing these pigments for education purposes. The Committee accordingly requests the Government to take the necessary measures to bring article 6 of the Rules on the protection of health at work of children, adolescents and young people of 9 July 2003 in line with the provision of Article 3 of the Convention.

As to the protection of women, the Committee notes article 187, paragraph 1, of the Employment Relations Act (Ur.1.RS, 42/02) stipulating that workers shall have the right to special protection in employment due to pregnancy and parenthood. Article 189, paragraphs 1 to 3, of this Act provide for the prohibition of carrying out certain types of work during pregnancy and breastfeeding period. These types have to be determined in an executive regulation. In this respect, the Government refers to the Rules on the protection of health at work of pregnant workers and workers who have recently given birth or are breastfeeding (Ur.l.RS, st. 82/03) prohibiting the exposure of pregnant women to certain chemical substances such as, inter alia, lead and derivates of lead capable of being absorbed by the human organism. The Committee notes that the above provisions only grant a special protection to pregnant women, women who have recently given birth or to breastfeeding women, but not to women workers in general. It therefore recalls the provision of Article 3, paragraph 1, of the Convention, which provides for the prohibition of employment of all female workers in painting work of an industrial character involving the use of white lead, sulphate of lead or other products containing these pigments. The Committee therefore requests the Government to take the necessary measures to ensure that full effect is given to this provision of the Convention.

2. Article 5, paragraph 1(a). With reference to its previous comments, the Committee notes that the Government’s report does not contain any information on whether there exists a regulation providing for the use of white lead, sulphate of lead, or products containing these pigments only in the form of paste or paint ready for use. It accordingly requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with interest the adoption of a number of new legislation in the field of safety and health at work and in particular the regulations concerning asbestos. On the grounds of the examination of the new legislation, the Committee would draw the Government’s attention to the following points.

1. Article 1, paragraph 2, of the Convention. Consultation with organizations of employers and workers. The Committee notes that section 5 of Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos of 23 April 2001, provides for the non-applicability of certain provisions of the Regulations in the case that the concentration of specific airborne asbestos fibres measured in a workplace does not exceed the indicated value. To the Committee’s understanding, this would represent a factual exclusion of certain activities from the scope of application of the Convention. The Committee recalls that the exclusion of particular branches of economic activity or particular undertakings from the application of certain provisions of the Convention is only possible when it is satisfied that their application to these branches or undertakings is unnecessary and, after consultation with the most representative organizations of employers and workers concerned. The Committee therefore requests the Government to indicate whether and, if so, in which manner the most representative organizations of employers and workers concerned have been consulted in this respect.

2. Article 2(b). Definition of asbestos dust. The Government is requested to indicate the legal definition of the term "asbestos dust".

3. Article 6, paragraph 3. Procedures for dealing with emergency situations. The Committee notes section 97 of Regulation No. 4280 on the requirements to ensure safety and health of workers at the workplace, 1999, requiring the employer to prepare a plan concerning the evacuation and rescue of persons in the event of exceptional cases and natural disaster. With regard to the procedures to be followed when elaborating these plans, it does not appear from this provision whether and, if so, in which manner the occupational safety and health services are involved in the preparation and, whether the workers’ representatives concerned are consulted, as provided for in Article 6, paragraph 3, of the Convention. The Committee accordingly requests the Government to provide further information on the procedures, and in particular on possible consultations to be held, when preparing the emergency plans.

4. Article 17, paragraph 3. Consultation with organizations of employers and workers on the workplan established for demolition of plants. The Committee notes the Rules of 16 July 2001 for the disposal of materials containing asbestos in the demolition, reconstruction or maintenance of buildings and in the maintenance and decommissioning of plants, which provide for rules for handling of materials as well as for security measures for workers during the removal of asbestos. It notes that, pursuant to section 28, subsection 1 in conjunction with subsection 3 of Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos, 2001, the employer must establish a workplan on demolition work and must submit this plan 15 days in advance of the envisaged start of demolition work to the inspector authorized, together with a request for authorization to undertake the demolition work in accordance with the regulations on environmental protection. The Committee requests the Government to indicate whether and, if so, in which manner the workers or their representative are consulted on this work plan, in accordance with Article 17, paragraph 3, of the Convention.

5. Article 18, paragraph 3. Prohibition of taking home work clothing and special protective clothing. The Committee notes section 18, subsection 2, of Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos, 2001, stipulating that the work or the personal protective clothing must be replaced by the employer and cleaned at the enterprise, if there are appropriate facilities or, the cleaning must be carried out by organizations which render such cleaning services. It requests the Government to indicate whether the taking home of work and special protective clothing is prohibited. If that is not the case, the Committee invites the Government to take the necessary measures to this end.

6. Article 20, paragraph 2. Keeping of records on the monitoring of the working environment and of the exposure of workers. The Committee notes that section 35, subsection 1, of Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos, 2001, obliges the employer to keep records of workers exposed to asbestos dust or dust of materials containing asbestos. The same provision further prescribes the elements, which must be contained in these records, i.e. the description of the type, the duration and the level of exposure. Section 35, subsection 5, of the above Regulations stipulate that the employer must keep the records for 40 years. With regard to the monitoring of the working environment, section 24, subsection 1, of Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos, 2001, requires the employer to provide for the measurement of airborne asbestos fibre concentration in the workplace every three months. The employer also must provide for this measurement following technical change or at the request of the workers or the workers’ representatives. As to the keeping of the records on the monitoring of the working environment, section 38 of the Health and Safety at Work Act of 1999, as amended, stipulates to keep the documentation, which is enumerated under section 39 of the Health and Safety at Work Act. The Committee notes that the keeping of records on the monitoring of the working environment does not seem to appear among the documentation to be kept pursuant to section 39. It therefore requests the Government to indicate whether the results of the monitoring of the working environment, carried out pursuant to sections 24 and 25 of Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos, 2001, have to be recorded and kept for a certain period of time, and if so, to indicate the period prescribed for keeping these records.

7. Article 21, paragraph 2. Monitoring of workers’ health free of charge to them. The Committee notes that section 32, subsections 1 and 3, of Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos, 2001, provide for medical examinations of workers prior to their employment and during their period of employment. The Committee requests the Government to indicate who is bearing the costs of the medical examination of workers. In this respect, it recalls the provision of Article 21, paragraph 2, of the Convention prescribing that the monitoring of workers’ health in connection with the use of asbestos shall not result in any loss of earnings to them.

8. Article 21, paragraph 4. Maintenance of income for workers whose health is at risk. The Committee notes section 33, subsection 1, of Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos, 2001, stipulating that the licensed physician may prohibit the exposure to asbestos dust for individual workers, if he has detected an immediate health risk, or, if the health of a worker has already been jeopardized. The Committee requests the Government to indicate the measures taken or envisaged in consequence of the physician’s decision, i.e. to provide the worker concerned with other means of maintaining his income.

9. Part V of the report form. Practical application. The Committee notes the data concerning occupational diseases for the period from September 1998 to the end of October 1999, which have been verified by the Interdisciplinary Group for the Verification of Occupational Diseases Caused by Exposure to Asbestos. It notes with concern that out of 346 persons examined, 340 persons have been verified as having contracted an occupational disease, and some of the persons examined have been diagnosed with multiple diseases due to their exposure to asbestos. The Committee, however, notes that the data refers to a period between September 1998 and the end of October 1999, a time where the new legislation, in particular Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos, was not yet in force. The Committee notes from the Government’s latest report that Regulation No. 33 have been applied since 1 January 2002, and that in 2003 two cases were reported to the Labour Inspectorate for verification with regard to possible classification as an occupational disease (asbestosis). The Committee further notes the Government’s indication that new rules are being drafted in order to harmonize national legislation with the European Directive 03/18/EC. The Committee therefore requests the Government to supply a copy of the new rules as soon as they are adopted, and to supply, with its next report, updated data, which show the extent to which the new legislation has a positive impact on the development of occupational diseases caused by asbestos.

10. The Committee notes section 65 of the Health and Safety at Work Act, 1999, as amended on 20 July 2001, enumerating the regulations that remain in force until new regulations are issued which implement the provisions of the enabling Health and Safety at Work Act, 1999. The Committee requests the Government to specify which of the regulations listed under section 65 of the Health and Safety at Work Act, 1999, are still in force.

11. The Committee notes with interest the funds that have been attributed according to sections 3 and 4 of the Act on the Prohibition of Production and Trade of Asbestos-based Products and on the Restructuring of the Asbestos Industry into Non-Asbestos (ZPPAI), as amended 1998, for the acquisition of technology and equipment for the production of non-asbestos fibre-cement products and for the restructuring of other asbestos production into non-asbestos production. The Committee requests the Government to provide, with its next report, information on the progress achieved in the transformation process towards the introduction of non-asbestos technology and the gradual termination of the asbestos production.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s first and subsequent reports. It also notes the information provided with the Government’s report under the Occupational Cancer Convention, 1974 (No. 139), to the extent they have an impact on the application of this Convention. The Committee notes the adoption of the Safety and Health at Work Act, No. 2652 of 30 June 1999, laying down the framework as to the general obligations of employers and workers, and the measures to be taken to prevent dangers and harmful effects at work. Pursuant to its section 1, paragraph 3, in conjunction with section 63, executive regulations are to be issued by the Minister of Labour and the minister to whose jurisdiction the respective regulation relates within 12 month after the Safety and Health Act came into force. In this connection, the Committee notes the adoption of the Regulations of 8 October 1999 on the provision of safety and health to workers in workplaces, which impose obligations on the employer concerning safety and health, including electrical safety, fire protection, emergency exits, adequate temperature and lighting, sanitary installations, emergency evaluation plans, special installations for handicapped workers, and information of the personnel. It notes that these Regulations, however, do not address special protection requirements concerning workers’ exposure to benzene. The Committee further notes with interest from the Government’s report submitted under the Occupational Cancer Convention, 1974 (No. 139), the adoption of the Rules on the protection of workers against the risks of exposure to carcinogens and/or mutagens, issued in 2000, which determine in particular the employers’ obligations concerning safety and health at work in relation to workers who come into contact with carcinogens or mutagens. Appendix I of the Rules, containing the list of carcinogenic and/or mutagenic substances and their limit values, classifies benzene as a carcinogen. In consequence, the Rules apply to workers exposed to benzene in the course of their work. In view of this fact, the Committee would draw the Government’s attention to the following points.

2. Article 2, paragraph 1, Article 3, paragraph 1, and Article 4 of the Convention. The Committee notes with interest section 10, paragraph 1 of the Rules on the protection of workers against the risks of exposure to carcinogens and/or mutagens providing for the employer’s obligation to substitute carcinogenic and/or mutagens in the production process by harmless or less harmless substances or preparations. In the event that the replacement is not possible, the employer must reduce their use to the lowest degree possible. The Committee further notes point 1 of Appendix III to the Rules prohibiting the manufacture and use of benzene. Point 3 of Appendix III, however, provides for certain exceptions to be granted from the general interdiction. In this context, the Committee notes sections 14 and 15 of the Rules prescribing that the use of carcinogenic and/or mutagenic substances is to be carried out in an enclosed system and, if that is not possible, the release of these substances are to be prevented by maintaining a system generating below atmospheric pressure. In the case that even the latter is impossible, the employer must separate the working procedures where such substances are used from other procedures in order to ensure a safe discharge of carcinogenic and/or mutagenic substances (section 15). While the Committee notes from the Government’s report of 1998 that benzene is no longer used in industry and has been replaced by other more suitable substances, it requests the Government to indicate whether benzene is still prohibited under the new Rules on the protection of workers against the risks of exposure to carcinogens and/or mutagens, 2000, and if this is not the case, to specify the conditions under which a derogation from the general prohibition to use or manufacture benzene may be granted. In addition, with regard to the possible derogations to be granted under the new Rules of 2000, the Government is requested to indicate whether processes related to benzene may be exclusively carried out in an enclosed system and, if not, it is requested to confirm that processes carried out in a system generating pressure, that is below atmospheric pressure, to ensure protection for the workers concerned that is equivalent to the protection afforded by processes carried out in an enclosed system.

3. Article 6, paragraph 2. The Committee, while noting that section 14 of the Rules obliges the employer to manufacture carcinogenic and/or mutagenic substances in an enclosed system and, if that is impossible, the release of these substances must be prevented by means of maintaining appropriate below atmospheric pressure in the system, notes that the Rules do not contain any ceiling value for the concentration of benzene in the air of places of employment where workers are exposed to benzene or products containing benzene. The Committee accordingly requests the Government to indicate in which manner it is ensured that the ceiling value of 25 parts per million (80 mg/m3) prescribed by Article 6, paragraph 2, of the Convention, is not exceeded.

4. Article 6, paragraph 3. Please indicate whether instructions exist for measuring benzene in the air of places of employment in order to ensure homologue and comparable results.

5. Article 9. The Committee notes articles 15; 20, paragraph 4; and 22, of the Health and Safety at Work Act, No. 56 of 30 June 1999, providing for health examinations of workers. Pursuant to article 22, the types, manner, scope and frequency of those health examinations are to be prescribed by the Minister of Health in agreement with the Minister of Labour. Sections 32 and 33 of the Rules on the protection of workers against the risks of exposure to carcinogens and/or mutagens, 2000, provide for pre-employment and periodical medical examinations of workers exposed to carcinogens and/or mutagens which must be carried out in accordance with the doctrine of industrial medicine. With regard to the content and types of medical examinations, the Government indicates in its report submitted under Convention No. 139 that they will be determined anew by the forthcoming Rules on preventive examinations of workers. The Committee accordingly requests the Government to indicate whether the legislative process in view of the adoption of the Rules on preventive examinations of workers is already under way. It further requests the Government to explain the content of the doctrine of industrial medicine which, to the Committee’s understanding, constitutes the basis to determine the type of medical examinations of workers.

6. Article 11, paragraphs 1 and 2. The Committee notes article 23 of the Health and Safety at Work Act, 1999, which obliges the employer to inform, inter alia, pregnant women workers and young persons under 18 years of age on the results of the risk assessment and the preventive measures taken to safeguard their health and safety at work. The Committee is therefore bound to conclude that the employment of women medically certified as pregnant, nursing mothers and young persons under the age of 18 in work processes involving exposure to benzene or products containing benzene is not prohibited. The Committee accordingly requests the Government to indicate the legislative measures envisaged to ensure that pregnant women, nursing mothers and young persons under the age of 18 are not engaged in any work involving exposure to benzene, in compliance with Article 11 of the Convention.

7. The Committee notes section 60 of the Safety and Health at Work Act, 1999, obliging the employer to regulate safety and health at work in his undertaking in accordance with the provisions of this Act within two years after the Act became effective, and section 51 of this Act assigns the supervision over the implementation of the Act and its implementing regulations to the Labour Inspectorate. The Committee requests the Government to provide details about the manner the Safety and Health at Work Act, 1999, indeed has been applied in practice at present.

8. The Committee finally notes section 65 of the Safety and Health at Work Act, 1999, enumerating the regulations that remain in force until the adoption of regulations governing health and safety at work. With particular regard to the adoption of the Rules on the protection of workers against the risks of exposure to carcinogens and/or mutagens, 2000, the Committee requests the Government to specify the regulations, which are currently still effective.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information supplied by the Government in response to its comments. It notes with interest the adoption of the Regulation on protection of workers from risks of exposure to chemical substances at work, 2001, which entered into force on 1 January 2002. The Committee notes in particular article 14 of the above Regulation, requiring the Minister responsible for labour to publish practical guidelines in the Official Gazette of the Republic of Slovenia concerning standardized methods for measurement and assessment of the concentration of hazardous chemical substances in the air at workplaces; determination and assessment of risks, including their review; safety and preventive measures for work with hazardous chemical substances; safe handling of individual groups of hazardous chemical substances; and concerning the substitution of hazardous chemical substances by less or non-hazardous substances. The Committee requests the Government to indicate whether such guidelines have been issued and, if so, to supply a copy of them with its next report. With reference to its previous comments, the Committee would draw the Government’s attention to the following points requiring additional information.

1. Article 1, paragraph 2, of the Convention. Derogations from the interdiction of carcinogenic substances. The Committee notes with interest article 11, paragraph 2, of the Regulation on protection of workers from risks of exposure to chemical substances at work, 2001, providing for criteria to be applied when granting exceptions from the prohibition spelled out in article 11, paragraph 1, concerning the production, processing and use of chemical substances stated in Annex III. The Committee requests the Government to indicate whether these criteria are also applicable with regard to the granting of exceptions from the prohibition of certain carcinogens and/or mutagens set forth under Annex II, item 1, to Rule No. 38/00 of 25 May 2000 on the protection of workers against the risks of exposure to carcinogens and/or mutagens.

2. Article 5. Post-medical examination of workers. The Committee takes note of the adoption of the Rules on preventive health examinations of workers of 17 October 2002. It notes that, under these Rules, the employer is obliged to submit workers to preventive medical examinations who had an extended break in exposure to mutagenic, teratogenic and carcinogenic substances and other harmful influences with cumulative, delayed or long-term effects. The Committee understands that these medical examinations are carried out with a view to re-employ a worker who was exposed to the above substances. Hence, it would appear to the Committee that this type of medical examination would be more related to pre-employment medical examinations. However, no provision seems to exist providing for post-employment medical examinations of workers exposed. The Committee accordingly requests the Government to take the necessary measures to include provisions on post-employment medical examinations of workers into the Rules on preventive health examinations of workers of 17 October 2002, in conformity with Article 5 of the Convention. The Committee further notes article 15 of the Regulation on protection of workers from risks of exposure to chemical substances at work, 2001, requiring the minister responsible for labour to publish practical guidelines in the Official Gazette of the Republic of Slovenia for the implementation of health surveillance and biological monitoring of workers who have been exposed to hazardous chemical substances for which binding limit values have been established in Annex II of this Regulation. The Committee requests the Government to indicate whether such guidelines have been issued, and, if so, to supply a copy of them with its next report.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided in the Government’s latest report. In particular it notes the enactment of the Labour Inspection Act of 20 June 1994, as amended on 21 May 1997 (Official Gazette of the Republic of Slovenia, No. 56/99), and the Health and Safety at Work Act of 30 June 1999 (Official Gazette of the Republic of Slovenia, No. 38/94 and 32/97), as well as the steps undertaken to specify the requirements on the safety statement prescribed in section 14 of the Health and Safety at Work Act. The Government is requested to keep the Office informed on any further specific regulations adopted or envisaged regarding air pollution, noise and vibration at the workplace which might ensure the practical implementation of the measures prescribed in the legal frame of the Health and Safety at Work Act and the Labour Inspection Act, including those adopted or envisaged to replace the regulations which, according to section 65 of the Health and Safety at Work Act, shall be applied until new regulations will have been adopted. The Committee hopes the Government will supply copies of such texts adopted as well as of any relevant collective agreements, in order to enable it to assess the extent to which the Convention is applied. The Government is requested to supply further information in its next report on the following points.

Article 3 of the Convention. The Committee would be grateful if the Government would indicate whether there are provisions of national laws or regulations that define the terms "air pollution", "noise" and "vibration". With respect to the term "noise", the Committee notes the information provided by the Government that regulations on safety and health in the event of dangerous noise are in preparation. The Committee hopes that the Government will take this opportunity to define the term "noise" in accordance with the definition provided in the Convention. Please provide a copy of the regulations when they are adopted.

Article 4. The Committee notes the provisions of the Health and Safety at Work Act concerning the employer’s responsibility for compliance with prevention, control and protection measures in order to ensure health and safety at work (sections 5, 6, 14 of the Act). The Government is requested to indicate any laws or regulations which prescribe such measures against occupational hazards in the working environment due to air pollution and vibration.

Article 7, paragraph 1. The Committee notes that section 36 of the Health and Safety at Work Act provides for the general obligation of employees to observe prescribed safety measures. Please indicate the provisions requiring workers to comply with safety procedures against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8, paragraph 1. Exposure to noise. The Committee notes that according to section 65 of the Health and Safety at Work Act the regulations on General Measures and Standards concerning Noise at Work Premises of 8 July 1971 (Official Gazette of the SFR of Yugoslavia, No. 29) will remain in force until the new Rules on Safety and Health at Work in relation to Dangerous Noise will be adopted. The Government is requested to keep the Office informed on any developments in this respect and to provide a copy of any new text adopted.

Exposure to air pollution and vibration. The Government is requested to indicate the measures taken or envisaged to elaborate criteria for determining the hazards of exposure to air pollution and vibration.

Article 8, paragraph 2. Please indicate whether the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account in the elaboration of the criteria and the determination of the exposure limits to air pollution, noise and vibration at work.

Article 8, paragraph 3. Please indicate whether the criteria and exposure limits are established, supplemented and revised in light of current national and international knowledge and data, and whether account is taken of any increase of occupational hazards resulting from simultaneous exposure to several harmful factors.

Article 9. The Committee understands that, with respect to noise, the rules which at the date of the latest report, were still in preparation, shall provide technical and supplementary organizational measures which are applicable to new and existing plants as well as to processes in design or installation and to existing processes. Please keep the Office informed in this regard and please provide a copy of the adopted text. The Committee notes that the Government’s report gives no further particulars in reply to its previous comments concerning the Act respecting Fundamental Rights arising out of the Employment Relationship of 8 September 1989 (Official Gazette of the SFR of Yugoslavia, No. 921). The Committee therefore hopes that the next report will indicate whether the Act is still in force. If this is the case, the Government is requested to indicate which administrative agency is competent for work operations and prescribes the measures and standards for protection at work in technological work processes, according to section 38 of the Act. The Government is also requested to provide copies of any texts which set forth supplementary organizational measures to keep the working environment free from hazards due to air pollution, noise and vibration, as far as possible, either as prescribed by the abovementioned agency under section 38 of the Act or as provided for in public instruments or collective agreements, to be applied by the organization or the employer, according to section 36 of the Act.

Article 11, paragraph 3. The Committee notes that an employee may work at a workplace or in conditions in which he is exposed to increased danger of injury or health impairment under conditions specified in special regulations and on [the] basis of professional assessment (section 35 of the Health and Safety at Work Act). The Government’s report, however, contains no information on the questions already raised in the Committee’s previous comments concerning section 48 of the Act respecting Fundamental Rights arising out of the Employment Relationship of 8 September 1989 (Official Gazette of SFR of Yugoslavia, No. 921). Section 48 of this Act provides that a worker with reduced working capacity and a worker employed on tasks where there is a risk of the onset of disability shall have the right to be assigned to a suitable post. The duty of the organization or the employer to guarantee the worker a post for which he or she is capable is subject to the conditions and the manner prescribed by a public instrument or by collective agreement, in accordance with the law. The Government is requested to indicate any conditions prescribed concerning the provision of suitable alternative employment for a worker whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

Article 12. The Government is requested to indicate the types of hazards and harmful operations involving exposure of workers to air pollution, noise or vibration for which advance notification must be given and to give particulars of any conditions prescribed by the competent authority for the use of certain processes, substances, machinery or equipment.

Article 15. Please indicate whether there are legislative or other provisions similar to sections 5, 15, 16, 18, 19 and 20 of the Health and Safety at Work Act of 30 June 1999 requiring the employer to appoint a competent person, or use a competent outside service or service common to several undertakings, to deal with matters pertaining to the prevention and control specifically of air pollution, noise and vibration in the working environment.

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

The Committee notes the information supplied with the Government’s detailed report in response to its previous comments. It notes with interest the adoption of Rule No. 38/00, of 25 May 2000, on the protection of workers against the risks of exposure to carcinogens and/or mutagens which give effect to the provisions of Article 1, paragraphs 1 and 3, Articles 2, 3 and 4 of the Convention. The Committee further notes with interest the Government’s indication that rules on boundary values in occupational exposure to dangerous substances and rules on preventive medical examinations of workers are being drawn up. It requests the Government to communicate a copy of them as soon as they have been adopted.

With reference to its previous comments, the Committee draws the Government’s attention to the following points requiring additional information.

1. Article 1, paragraph 2, of the Convention. The Committee notes that pursuant to section 1, subsection 3, in conjunction with section 63 of Health and Safety at Work Act No. 56/99, of 13 July 1999, executive regulations in the field of occupational safety and health are to be issued by the minister responsible for labour and the ministers to whose jurisdiction the respective regulation relates within 12 months after the Health and Safety at Work Act came into force. To this effect, Rule No. 38/00, of 25 May 2000, on the protection of workers against the risks of exposure to carcinogens and/or mutagens have been adopted, which determine in particular the employer’s obligations concerning safety and health at work in relation to workers who come into contact with carcinogens or mutagens. With regard to the determination of carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control, the Committee notes that Appendix I to Rule No. 38/00 contains a list determining the carcinogenic and/or mutagenic substances and their limit values. It further notes that Appendix III, item 1, to Rule No. 38/00 provides for the prohibition of certain substances with the possibility to grant certain exceptions from the general interdiction (substances under item 3). The Committee requests the Government to specify the criteria established for granting exceptions from the prohibition of certain carcinogens and/or mutagens set forth under Appendix II, item 1, to Rule No. 38/00.

2. Article 5. The Committee notes section 32, subsection 1, of Rule No. 38/00 requiring the employer to provide for pre-employment medical examinations of workers assigned to work involving exposure to carcinogens and/or mutagens. Pursuant to subsection 2, periodic or targeted preventive medical examinations must be provided to workers whose work involves exposure to carcinogens and/or mutagens, of which the periodicity is fixed by special provisions. Section 32, subsection 3, finally stipulates that the health of workers must be monitored in conformity with the doctrine and practice of occupational medicine. In addition, according to section 37 of the above Rules, the qualified physician or the competent authority may request for supplementary medical examinations of all workers exposed in the case that the state of health of one worker shows changes which are suspected to be a consequence of his exposure. The Committee requests the Government to explain more in detail the monitoring of workers’ health according to the doctrine and practice of occupational medicine to which section 32, subsection 3, of Rule No. 38/00 refers. The Committee further notes that there does not seem to be a provision providing for post-employment medical examinations of workers. It therefore asks the Government to take the necessary measures to ensure that workers are provided with medical examinations or biological or other tests or investigations as well after the cessation of their employment involving exposure to carcinogens and/or mutagens. To this effect, the Committee invites the Government to consider the possibility to include provisions on post-employment medical examination of workers into the rules on preventive medical examinations of workers, which are currently being drawn up. In this context, the Committee wishes to underline the specific importance of post-employment medical examinations of workers. The inclusion of post-employment medical examinations, as necessary, to evaluate the exposure to carcinogenic substances or agents and to supervise the state of health of the worker in relation to occupational hazards was intended to respond to the not uncommon situation wherein cancer was not detected until after the worker has terminated the employment involving exposure. In the light of these explanations, the Committee hopes that the Government will soon take the necessary measures to ensure that workers are provided with medical examinations or biological or other tests or investigations not only before and during the period of employment, but as well as after the cessation of their employment involving exposure to carcinogens and/or mutagens as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards, in order to give full effect to Article 5 of the Convention.

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

The Committee takes note of the Government’s comprehensive report. It draws the Government’s attention to the following points.

1. Article 3 of the Convention. The Committee notes the Government’s indication that article 39 of the Basic Rights Stemming from Employment Act (ZTPDR No. 60/89) prohibits the assignment of workers under the age of 18 and women to, inter alia, particularly and predominantly hard work and to work which, with regard to their psychophysical characteristics, may have harmful effects and pose an increased risk to their health and life. In the same way, article 72 of the Employment Act prohibits the assignment of workers under the age of 18, on account of their specific psychophysical traits, to harmful work with an increased risk that may affect the health and development of the young workers. For women, article 76 of the Employment Act prescribes that harmful work with an increased risk affecting the health and psychophysical abilities of women are not to be performed by women. This work is to be determined by a regulation issued by the national administrative body responsible for health care. The Committee therefore requests the Government to indicate whether such a regulation determining the work involving an increased risk and affecting the health and psychophysical abilities of women, has been issued in application of article 76 of the Employment Act. It further requests the Government to indicate whether such a regulation is to be issued as well for the determination of the type of work, which may not be carried out by young workers under the age of 18, in application of article 72 of the Employment Act.

2. Article 5, paragraph 1(a). The Committee notes the Government’s indication to the effect that there exists no regulation providing for the use of white lead, sulphate of lead, or products containing these pigments only in the form of paste or paint ready for use. It accordingly asks the Government to indicate the measures envisaged to give effect to this provision of the Convention.

3. Article 5, paragraph 2(a). With regard to the provision of washing facilities for working painters, the Government indicates that pursuant to article 80 of the Rules on health and safety at work requirements No. 89/99, bathrooms and washrooms must be put at the disposal of workers where the nature of work or health reasons necessitates washing facilities. The Committee requests the Government to indicate whether painting work is considered as work of a nature requiring washing facilities to be put at the disposal of working painters and, if that is the case, the Government is asked to specify the provision determining the types of work calling for washing facilities for working painters.

4. Article 7. The Committee notes the provision of article 20, point 10 of the Health and Safety at Work Act requiring the authorized physician, responsible to carry out tasks concerning the health protection at work, to keep records and collect data as provided for under special regulations, and article 3 of the Rules on the reporting, collecting and managing of data on cases of poisoning in the territory of the Republic of Slovenia No. 38/2000, obliges the natural and legal persons engaged in medical services to send immediately to the KC Centre for Poisoning the data required. In addition, article 27, paragraph 1, of the Health and Safety at Work Act obliges the employer to notify immediately the works inspectorate on any case of fatal injury or injury which causes the worker’s incapacity to work for at least three consecutive working days, as well as on collective accidents, dangerous phenomena or a finding of professional illness. Moreover, article 5 of the Labour Inspection Act provides for the publication of an annual report on accidents at work, occupational diseases and other accidents at work or in connection with work. The Government however indicates that no separate statistics with regard to lead poisoning among working painters are kept in the country. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that a separate statistic on the morbidity and mortality among working painters is established.

5. The Committee notes with interest the Government’s indication that Rules on boundary values for occupational exposure to dangerous substances and Rules on safety and health for temporary and mobile building sites are being drafted. The Committee hopes that the above Rules will be adopted in the near future and requests the Government to supply a copy of them once they have been adopted.

6. The Committee would be grateful if the Government would supply, with its next report, a copy of the following legislation for further examination: the Employment Act (ZDR No. 14/90, 5/91, 71/93); the Basic Rights Stemming from Employment Act (ZTPDR No. 60/89); the Rules on health and safety at work requirements No. 89/99; the Rules on restrictions on the sale or use of specific dangerous substances and preparations No. 73/99; the Rules on health and safety in the use of working equipment No. 89/99, and the Rules on the reporting, collecting and managing of data on cases of poisoning in the territory of the Republic of Slovenia No. 38/2000.

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

The Committee notes the information provided by the Government in its report.

It notes in particular the adoption of the Health and Safety at Work Act, 1999. The Committee also notes that the Health Care Activities Act, 1992, has been amended and it would be grateful if the Government would provide a copy of the consolidated text of this latter Act.

It draws the Government’s attention to the following points:

Article 1(a) of the Convention. The Committee notes section 1 (respecting health services) of the Act on Health Care and Health Insurance of 1992, and sections 42, 43 and 44 (on the Council for Health and Safety at Work) of the Health and Safety at Work Act. However, these provisions do not define the functions of occupational health services. The Committee notes that the preventive functions and those relating to the provision of advice to the employer, the workers and their representatives in the enterprise are set out in section 28 of the Health and Safety at Work Act, which provides that within each enterprise the "works council" must be consulted on any measure which might affect health and safety at work. The works council is composed of the employer, workers and their representatives. However, this provision only requires consultation in the field of health, while the texts do not determine the objectives of the health service, particularly with regard to establishing and maintaining mental health or the adaptation of work to the capabilities of workers, as required by this Article of the Convention. The Committee therefore requests the Government to indicate whether "occupational health services", within the meaning of the Convention, exist in practice and to indicate their functions. The Committee also notes that the Government indicated in its first report that it would take the necessary measures concerning health services when adopting the Health and Safety at Work Act. However, this Act, adopted in 1999, does not contain provisions defining and establishing the functions of health services. The Committee therefore requests the Government to take the necessary measures for the adoption of such provisions so as to give effect to this Article of the Convention.

Article 1(b). The Committee requests the Government to indicate the persons who are recognized as "workers’ representatives in the undertaking" under national law or practice.

Article 2. The Committee notes the provisions of the Health and Safety at Work Act, and particularly sections 4, 44 and 64, under which the Government, in consultation with occupational experts, employers’ organizations and trade unions, has to prepare a draft national programme of health and safety at work. This draft programme must then be adopted by the National Assembly. The Committee requests the Government to indicate whether this national programme has been adopted and, if so, whether it provides for the establishment of occupational health services. If this national programme has been adopted, it requests the Government to provide a copy of the adopted programme, and of its implementing measures. Furthermore, the Committee requests the Government to indicate whether it is envisaged that the programme shall be periodically reviewed, and the relevant procedures for this purpose.

Article 3. The Committee notes that sections 2 and 3 of the Health and Safety at Work Act provide that it applies in all spheres of economic activity and to all workers. However, section 2(2) excludes from the scope of the Act persons working in spheres of economic activity where health and safety at work is governed by special regulations. Furthermore, the Government does not indicate in its report whether all workers in the public sector and production cooperatives, in all branches of economic activity and all enterprises, benefit from the establishment of health services. The Committee therefore requests the Government to indicate the means by which all workers in all branches of economic activity and all enterprises are covered by the establishment of occupational health services. The Committee requests the Government to specify whether, by virtue of sections 20 and 21 of the Health and Safety at Work Act, medical services have been established and, if so, the manner in which they operate. It also requests the Government to indicate the procedures followed for the consultation of representative organizations of employers.

Article 5(b). The Committee notes that the functions of medical services, as set out in section 20 of the Health and Safety at Work Act, do not include those set forth in this provision of the Convention. It therefore requests the Government to take the necessary measures to ensure the surveillance of the factors in the working environment and working practices which may affect workers’ health, including sanitary installations, canteens and housing, where these facilities are provided by the employer.

Article 5(c). The Committee notes section 20(7) and (8) of the Health and Safety at Work Act, which provide that those responsible for medical services shall propose preventive and curative measures and measures of protection for employees exposed to severe danger. The Committee recalls that, in accordance with this provision of the Convention, occupational health services are under the obligation to provide advice on the planning and organization of work, including the design of workplaces, on the choice, maintenance and condition of machinery and other equipment and on substances used in work. The Committee accordingly requests the Government to take the necessary measures to ensure that advice is provided by the medical services envisaged in section 20 of the Health and Safety at Work Act on the measures necessary for the planning and organization of work, including the design of workplaces, on the choice, maintenance and condition of machinery and other equipment and on substances used at work.

Article 5(d). The Committee notes that, under the terms of section 20(9) and (10) of the Health and Safety at Work Act, medical services have the task of advising employers on safe working practices and keeping records and collecting data on the health of employees. The Committee recalls that, under the terms of the Convention, health services have to participate in the development of programmes for the improvement of working practices, as well as the testing and evaluation of health aspects of new equipment. The Committee therefore requests the Government to take the necessary measures to ensure that the medical services envisaged by the Health and Safety at Work Act carry out the above functions.

Article 5(e). The Committee notes that section 20(9) and (2) of the Health and Safety at Work Act provides that medical services shall provide advice on the hazards and risks related to work. However, it is not envisaged that such advice should be provided on ergonomics and individual and collective protective equipment. The Committee requests the Government to take the necessary measures to ensure that medical services provide advice on these matters.

Article 5(f). The Committee notes that section 20(4) provides for the performance of preventive health examinations by the medical services in accordance with special regulations. The Committee requests the Government to indicate the special regulations concerned and to state whether they have been adopted. It also requests it to provide further information so that it can ascertain whether these examinations constitute adequate health surveillance of workers within the meaning of the Convention.

Article 5(g). The Committee notes the provisions of section 6, point 4, of the Health and Safety at Work Act, which requires employers to promote the adaptation of work to individuals. The Committee requests the Government to indicate whether employers comply with this obligation through the medical services envisaged in section 20 of the above Act.

Article 5(h). The Committee notes that none of the provisions on medical services provide that one of the functions of these services is the vocational rehabilitation of workers. It therefore requests the Government to adopt the necessary provisions respecting the contribution of medical services to vocational rehabilitation measures.

Article 5(i). The Committee notes that section 20(2) of the Health and Safety at Work Act requires the provision of health education to employees. It also notes section 15, fourth point, of the Health and Safety at Work Act, which provides that employers shall inform employees or their representatives of the introduction of new technologies or means of work, as well as any potential or actual dangers of injury or health impairment related to them, and to issue the corresponding safe working practice instructions. This requires a certain level of surveillance of the workers by the employer or, if this function is delegated, by the medical service. The Committee requests the Government to indicate whether this obligation of information is fulfilled exclusively by the employer, or whether this function is delegated. Finally, it notes that section 15, fifth point, obliges employers to train employees in safe working practices. The Committee requests the Government to indicate whether this obligation is ensured through medical services. It also requests it to adopt appropriate measures to ensure collaboration in providing information, training and education in the fields of occupational health and hygiene and ergonomics.

Article 6(a). The Committee requests the Government to broaden the functions of the medical services established under the Act with a view to the establishment of occupational health services as envisaged by the Convention.

Article 6(b). The Committee notes that section 51 of the Health and Safety at Work Act provides that supervision of the implementation of the Act and the regulations issued thereunder, as well as other regulations governing health and safety at work, and the safety measures specified in internal rules or collective agreements shall be carried out by the Labour Inspectorate. This section presupposes that such texts are adopted under the Health and Safety at Work Act. The Committee requests the Government to provide information on the application of this provision.

Article 7. The Committee notes that the Government refers in its report to section 21 of the Health and Safety at Work Act, which indicates that the tasks specified for medical services may be performed by a public health institution or a legal or natural person with a concession for the performance of medical services within the medical service system in accordance with the laws governing medical services. The Committee therefore requests the Government to provide detailed information on the manner in which medical services are organized and discharge their functions in practice.

Article 9, paragraphs 1, 2 and 3. The Committee notes that the Government refers to section 22 of the Health and Safety at Work Act. However, this provision does not in any way provide for cooperation between health services and the other services concerned. The Committee requests the Government to indicate the manner in which collaboration, cooperation and coordination is secured with other services in the enterprise and the services concerned with the provision of health care, as envisaged in section 22 of the above Act. Furthermore, the Committee requests the Government to indicate the criteria set out with a view to determining that the composition of the services providing the care covered by the Convention is multidisciplinary.

Article 10. The Committee requests the Government to indicate the measures adopted to ensure that personnel providing occupational health services enjoy full professional independence from employers, workers and their representatives, where they exist.

Article 11. The Committee notes that section 20 of the Health and Safety at Work Act provides that employers must ensure that the provision of medical services is performed by an authorized medical practitioner, and that section 3(10) defines an authorized medical practitioner as a specialist in occupational medicine engaged by an employer to provide medical services at work. The Committee also notes that the Government, in one of its reports, explained that medical practitioners wishing to work in occupational health services are required to have an additional specialization which concludes with an examination and thesis or paper on the specialization. The Government added that most doctors also hold postgraduate degrees in occupational medicine. The Committee requests the Government to provide copies of the legal texts requiring such a specialization and indicating the authorities that are competent to recognize the professional qualifications of the personnel who are to provide care in the medical services envisaged in section 20 of the Health and Safety at Work Act.

Article 14. The Committee notes that, in its last report, the Government refers to sections 20 and 23 of the Health and Safety at Work Act. However, these texts do not provide that the employer and workers are required to inform occupational health services of any known factors and any suspected factors in the working environment which may affect the workers’ health. The Committee therefore requests the Government to take the necessary measures to ensure that health services are duly informed of such factors by the employer and the workers.

Article 15. The Committee notes that the Government refers to section 51 of the Health and Safety at Work Act. However, this provision relates to the functions of the labour inspectorate and does not apply this Article of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons, in order 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. The Government should ensure that these measures do not provide that personnel providing occupational health services are required to verify the reasons for absence from work.

Part VI of the report form. The Committee notes that in 1998 the Labour Inspectorate reported that health examinations are rarely carried out when employment begins: a total of 425 such cases were reported, including 229 cases in which they had been carried out incorrectly and 121 cases in which the records to be kept relating to preventive medical inspection were not kept or were kept inadequately. The Government explains these deficiencies in the performance of preliminary medical examinations by the fact that employers are not notified of their obligations and the examinations are fairly costly in themselves. The Committee is bound to express its concern with regard to the deficiencies reported in the performance of preliminary medical examinations. It requests the Government to continue providing information to the International Labour Office on the manner in which the Convention is applied in practice.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s indication in its report according to which the use of white lead in painting is governed by the general provisions of the Safety at Work Act and its implementing General Rules on Sanitary and Technical Safety Measures at Work, but is not fully covered by national regulations. However, the Committee notes with interest the establishment of an interministerial working group to prepare regulations concerning hazardous substances. The Committee trusts that the Government will take the necessary steps in the near future, in consultation with the employers’ and workers’ organizations concerned, as called for in Articles 1, paragraph 1, and 6 of the Convention, to ensure that effect is given to the following provisions of the Convention: Article 1 (prohibition of the use of white lead and sulphate of lead in the internal painting of buildings); Article 2 (regulation of the use of white lead in artistic painting); Article 3 (prohibition of the employment of males under 18 years of age and of all females in any painting work involving the use of white lead); Article 5 (regulation of the use of white lead in painting operations for which its use is not prohibited); and Article 7 (establishment of statistics of morbidity and mortality due to lead poisoning).

The Committee would request the Government to communicate information on progress made in this respect and to provide a copy of the relevant legislation as soon as it is adopted.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied in the Government’s report.

Article 6(a) of the Convention. The Committee notes the Government’s indication according to which the field of occupational exposure to carcinogenic substances and agents is not sufficiently covered by national legislation and regulations, as the Safety at Work Act contains only general provisions. The Committee notes, however, with interest that a by-law on safety at work with respect to carcinogenic substances and agents is being prepared and will be adopted in the near future. It also notes with interest that a special working group, composed of representatives of the Ministry of Labour, Family and Social Affairs, the Ministry of Environment and Physical Planning and experts of professional institutions has been established to prepare the basis for a legislation on dangerous substances. The Committee hopes measures will be taken, in consultation with the most representative organizations of employers and workers concerned, as called for in Article 6(a) of the Convention, to ensure that effect is given to the following provisions of the Convention: Article 1 (periodical determination of carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control); Article 2 (replacement of carcinogenic substances and agents by others less harmful and reduction of the duration of exposure and the number of workers exposed); Article 3 (special measures of protection against the risks of exposure and establishment of a system of records); Article 5 (medical or biological examinations of workers concerned during the period of employment and thereafter as necessary). The Committee requests the Government to provide information on progress made in this respect and a copy of the relevant legislation when it is adopted.

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

The Committee notes with interest the information provided in the Government’s latest report. In particular it notes the enactment of the Labour Inspection Act of 20 June 1994, as amended on 21 May 1997 (Official Gazette of the Republic of Slovenia, No. 56/99), and the Health and Safety at Work Act of 30 June 1999 (Official Gazette of the Republic of Slovenia, No. 38/94 and 32/97), as well as the steps undertaken to specify the requirements on the safety statement prescribed in section 14 of the Health and Safety at Work Act. The Government is requested to keep the Office informed on any further specific regulations adopted or envisaged regarding air pollution, noise and vibration at the workplace which might ensure the practical implementation of the measures prescribed in the legal frame of the Health and Safety at Work Act and the Labour Inspection Act, including those adopted or envisaged to replace the regulations which, according to section 65 of the Health and Safety at Work Act, shall be applied until new regulations will have been adopted. The Committee hopes the Government will supply copies of such texts adopted as well as of any relevant collective agreements, in order to enable it to assess the extent to which the Convention is applied. The Government is requested to supply further information in its next report on the following points.

Article 3 of the Convention. The Committee would be grateful if the Government would indicate whether there are provisions of national laws or regulations that define the terms "air pollution", "noise" and "vibration". With respect to the term "noise", the Committee notes the information provided by the Government that regulations on safety and health in the event of dangerous noise are in preparation. The Committee hopes that the Government will take this opportunity to define the term "noise" in accordance with the definition provided in the Convention. Please provide a copy of the regulations when they are adopted.

Article 4. The Committee notes the provisions of the Health and Safety at Work Act concerning the employer’s responsibility for compliance with prevention, control and protection measures in order to ensure health and safety at work (sections 5, 6, 14 of the Act). The Government is requested to indicate any laws or regulations which prescribe such measures against occupational hazards in the working environment due to air pollution and vibration.

Article 7, paragraph 1. The Committee notes that section 36 of the Health and Safety at Work Act provides for the general obligation of employees to observe prescribed safety measures. Please indicate the provisions requiring workers to comply with safety procedures against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8, paragraph 1. Exposure to noise. The Committee notes that according to section 65 of the Health and Safety at Work Act the regulations on General Measures and Standards concerning Noise at Work Premises of 8 July 1971 (Official Gazette of the SFR of Yugoslavia, No. 29) will remain in force until the new Rules on Safety and Health at Work in relation to Dangerous Noise will be adopted. The Government is requested to keep the Office informed on any developments in this respect and to provide a copy of any new text adopted.

Exposure to air pollution and vibration. The Government is requested to indicate the measures taken or envisaged to elaborate criteria for determining the hazards of exposure to air pollution and vibration.

Article 8, paragraph 2. Please indicate whether the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account in the elaboration of the criteria and the determination of the exposure limits to air pollution, noise and vibration at work.

Article 8, paragraph 3. Please indicate whether the criteria and exposure limits are established, supplemented and revised in light of current national and international knowledge and data, and whether account is taken of any increase of occupational hazards resulting from simultaneous exposure to several harmful factors.

Article 9. The Committee understands that, with respect to noise, the rules which at the date of the latest report, were still in preparation, shall provide technical and supplementary organizational measures which are applicable to new and existing plants as well as to processes in design or installation and to existing processes. Please keep the Office informed in this regard and please provide a copy of the adopted text. The Committee notes that the Government’s report gives no further particulars in reply to its previous comments concerning the Act respecting Fundamental Rights arising out of the Employment Relationship of 8 September 1989 (Official Gazette of the SFR of Yugoslavia, No. 921). The Committee therefore hopes that the next report will indicate whether the Act is still in force. If this is the case, the Government is requested to indicate which administrative agency is competent for work operations and prescribes the measures and standards for protection at work in technological work processes, according to section 38 of the Act. The Government is also requested to provide copies of any texts which set forth supplementary organizational measures to keep the working environment free from hazards due to air pollution, noise and vibration, as far as possible, either as prescribed by the abovementioned agency under section 38 of the Act or as provided for in public instruments or collective agreements, to be applied by the organization or the employer, according to section 36 of the Act.

Article 11, paragraph 3. The Committee notes that an employee may work at a workplace or in conditions in which he is exposed to increased danger of injury or health impairment under conditions specified in special regulations and on [the] basis of professional assessment (section 35 of the Health and Safety at Work Act). The Government’s report, however, contains no information on the questions already raised in the Committee’s previous comments concerning section 48 of the Act respecting Fundamental Rights arising out of the Employment Relationship of 8 September 1989 (Official Gazette of SFR of Yugoslavia, No. 921). Section 48 of this Act provides that a worker with reduced working capacity and a worker employed on tasks where there is a risk of the onset of disability shall have the right to be assigned to a suitable post. The duty of the organization or the employer to guarantee the worker a post for which he or she is capable is subject to the conditions and the manner prescribed by a public instrument or by collective agreement, in accordance with the law. The Government is requested to indicate any conditions prescribed concerning the provision of suitable alternative employment for a worker whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

Article 12. The Government is requested to indicate the types of hazards and harmful operations involving exposure of workers to air pollution, noise or vibration for which advance notification must be given and to give particulars of any conditions prescribed by the competent authority for the use of certain processes, substances, machinery or equipment.

Article 15. Please indicate whether there are legislative or other provisions similar to sections 5, 15, 16, 18, 19 and 20 of the Health and Safety at Work Act of 30 June 1999 requiring the employer to appoint a competent person, or use a competent outside service or service common to several undertakings, to deal with matters pertaining to the prevention and control specifically of air pollution, noise and vibration in the working environment.

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:

Article 8 of the Convention

1. Exposure to noise. The Committee notes the regulations respecting general measures and standards for protection at work against noise (Sluzbeni List SFRJ, No. 29 of 8 July 1971) referred to in the Government's report which establish criteria for determining the hazards due to noise and fix exposure limits to noise in the workplace, in accordance with Article 8, paragraph 1. The Government is requested to indicate whether any steps are being made to revise these regulations in keeping with the latest scientific findings in the area, as required by Article 8, paragraph 3 and to indicate the manner in which the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account in the revision (Article 8, paragraph 2).

2. Exposure to vibration. The Government is requested to indicate the measures taken or envisaged to elaborate criteria for determining the hazards of exposure to vibration.

Article 9(b). The Committee notes Act (No. 921) of 8 September 1989 respecting Fundamental Rights Arising out of the Employment Relationship, section 36 of which provides that the organization or the employer shall ensure the necessary conditions for protection at work in accordance with law and public instruments or collective agreements, while section 38 of the Act provides that the measures and standards for protection at work in technological work processes shall be prescribed by the administrative agency competent for work operations. The Government is requested to indicate whether this Act is still in force and, if so, which administrative agency is competent for work operations. The Government is also requested to provide copies of any texts which set forth supplementary organizational measures to keep the working environment free from hazards due to air pollution, noise and vibration, as far as possible, either as prescribed by this agency (under section 38) or which are provided for in public instruments or collective agreements (section 36).

Article 11, paragraph 3. The Committee notes that section 48 of the Act (No. 21) of 8 September 1989 respecting Fundamental Rights Arising out of the Employment Relationship provides that a worker with reduced working capacity and a worker employed on tasks where there is a risk of the onset of disability shall have the right to be assigned to a suitable post. It further notes that the duty of the organization or the employer to guarantee the worker a post for which he or she is capable is subject to the conditions and the manner prescribed by a public instrument or by collective agreement, in accordance with the law. The Government is requested to indicate any conditions prescribed concerning the provision of suitable alternative employment for a worker whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

Article 12. The Government is requested to indicate the types of hazardous and harmful operations involving exposure of workers to air pollution, noise or vibration for which advance notification must be given and to give particulars of any conditions prescribed by the competent authority for the use of certain processes, substances, machinery or equipment.

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 the information supplied in the Government's report. 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.

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 that the dismantling of plant out-patient clinics has occurred for the past two years, that plant doctors are increasingly becoming "personal doctors" or general doctors and that workers' health care is undergoing a substantial transformation. The Committee also notes that the draft proposal for the Law on Safety at Work is under discussion and that it is expected to appoint a Government Board for Workers' Health Care and Occupational Safety which would analyse reports on the topic from the country and, on the basis of this, formulate a policy on occupational safety. Certain provisions of the national legislation would then be revised in order to bring them into conformity with the provisions of the Convention. The Committee hopes that the new laws and regulations as well as necessary amendments to the legislation in force giving effect to the Convention will be adopted soon. The Committee requests the Government to continue to supply information on any progress made in this respect and to provide copies of new texts as soon as they are 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 no special regulations concerning asbestos have been adopted because the only factory dealing with asbestos was forced to abandon its use due to market requirements. The Committee would point out, however, that the Convention applies not only to manufacturers of products containing asbestos but also to suppliers and users of such products and, more generally, to all activities involving exposure of workers to asbestos in the course of work (Article 1(1) of the Convention), including, for example, the demolition work referred to in Article 17 of the Convention and mentioned by the Government in its report. Protective and preventive measures to be taken in this regard under Articles 3 to 22 of the Convention are not limited to those specified in Article 17 but include, inter alia, the fixing of exposure limits and of standards for respiratory protective equipment under Article 15 of the Convention.

The Committee accordingly hopes that the Government will review the position so as to ascertain whether any legislative provisions complying with the specific requirements under the various Articles of the Convention had been in force in the Republic of Slovenia at the time of independence that might be applicable under article 4 of the Constitutional Act of 25 June 1991, referred to by the Government in its report. Insofar as no such provisions can be identified, the Committee hopes that the necessary measures will be taken by the Government, in consultation with the most representative organizations of employers and workers concerned for the adoption of laws or regulations providing for the application of the specific requirements of the Convention and that the Government will indicate, in its next report, the progress made in this regard.

Article 17 and Part V of the report form. The Government has indicated, in its report, that section 34 of the Safety at Work Act requires that dangerous work, including demolition of plants or structures containing asbestos, be notified in advance to the labour inspectorate which shall also be provided with a complete safety programme and the name of the responsible person. The Government is requested to indicate the manner in which the workers or their representatives are consulted on the work plan and any statistics available concerning the number of authorized cases of demolition involving asbestos and the number of workers concerned.

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

The Committee notes the Government's indication in its report according to which the use of white lead in painting is governed by the general provisions of the Safety at Work Act and its implementing General Rules on Sanitary and Technical Safety Measures at Work, but is not fully covered by national regulations. However, the Committee notes with interest the establishment of an interministerial working group to prepare regulations concerning hazardous substances. The Committee trusts that the Government will take the necessary steps in the near future, in consultation with the employers' and workers' organizations concerned, as called for in Articles 1, paragraph 1, and 6 of the Convention, to ensure that effect is given to the following provisions of the Convention: Article 1 (prohibition of the use of white lead and sulphate of lead in the internal painting of buildings); Article 2 (regulation of the use of white lead in artistic painting); Article 3 (prohibition of the employment of males under 18 years of age and of all females in any painting work involving the use of white lead); Article 5 (regulation of the use of white lead in painting operations for which its use is not prohibited); and Article 7 (establishment of statistics of morbidity and mortality due to lead poisoning).

The Committee would request the Government to communicate information on progress made in this respect and to provide a copy of the relevant legislation as soon as it is adopted.

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

The Committee notes the information supplied in the Government's report.

Article 6(a) of the Convention. The Committee notes the Government's indication according to which the field of occupational exposure to carcinogenic substances and agents is not sufficiently covered by national legislation and regulations, as the Safety at Work Act contains only general provisions. The Committee notes, however, with interest that a by-law on safety at work with respect to carcinogenic substances and agents is being prepared and will be adopted in the near future. It also notes with interest that a special working group, composed of representatives of the Ministry of Labour, Family and Social Affairs, the Ministry of Environment and Physical Planning and experts of professional institutions has been established to prepare the basis for a legislation on dangerous substances. The Committee hopes measures will be taken, in consultation with the most representative organizations of employers and workers concerned, as called for in Article 6(a) of the Convention, to ensure that effect is given to the following provisions of the Convention: Article 1 (periodical determination of carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control); Article 2 (replacement of carcinogenic substances and agents by others less harmful and reduction of the duration of exposure and the number of workers exposed); Article 3 (special measures of protection against the risks of exposure and establishment of a system of records); Article 5 (medical or biological examinations of workers concerned during the period of employment and thereafter as necessary). The Committee requests the Government to provide information on progress made in this respect and a copy of the relevant legislation when it is adopted.

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

The Committee notes the information supplied in the Government's report. 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.

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

The Committee takes note of the information supplied by the Government in its first report.

The Committee notes that the dismantling of plant out-patient clinics has occurred for the past two years, that plant doctors are increasingly becoming "personal doctors" or general doctors and that workers' health care is undergoing a substantial transformation. The Committee also notes that the draft proposal for the Law on Safety at Work is under discussion and that it is expected to appoint a Government Board for Workers' Health Care and Occupational Safety which would analyse reports on the topic from the country and, on the basis of this, formulate a policy on occupational safety. Certain provisions of the national legislation would then be revised in order to bring them into conformity with the provisions of the Convention. The Committee hopes that the new laws and regulations as well as necessary amendments to the legislation in force giving effect to the Convention will be adopted soon. The Committee requests the Government to continue to supply information on any progress made in this respect and to provide copies of new texts as soon as they are adopted.

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

The Committee notes the information provided in the Government's report. The Government is requested to supply further information, in its next report, on the following points:

Article 8 of the Convention

1. Exposure to noise. The Committee notes the regulations respecting general measures and standards for protection at work against noise (Sluzbeni List SFRJ, No. 29 of 8 July 1971) referred to in the Government's report which establish criteria for determining the hazards due to noise and fix exposure limits to noise in the workplace, in accordance with Article 8, paragraph 1. The Government is requested to indicate whether any steps are being made to revise these regulations in keeping with the latest scientific findings in the area, as required by Article 8, paragraph 3 and to indicate the manner in which the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account in the revision (Article 8, paragraph 2).

2. Exposure to vibration. The Goverment is requested to indicate the measures taken or envisaged to elaborate criteria for determining the hazards of exposure to vibration.

Article 9(b). The Committee notes Act (No. 921) of 8 September 1989 respecting Fundamental Rights Arising out of the Employment Relationship, section 36 of which provides that the organization or the employer shall ensure the necessary conditions for protection at work in accordance with law and public instruments or collective agreements, while section 38 of the Act provides that the measures and standards for protection at work in technological work processes shall be prescribed by the administrative agency competent for work operations. The Government is requested to indicate whether this Act is still in force and, if so, which administrative agency is competent for work operations. The Government is also requested to provide copies of any texts which set forth supplementary organizational measures to keep the working environment free from hazards due to air pollution, noise and vibration, as far as possible, either as prescribed by this agency (under section 38) or which are provided for in public instruments or collective agreements (section 36).

Article 11, paragraph 3. The Committee notes that section 48 of the Act (No. 921) of 8 September 1989 respecting Fundamental Rights Arising out of the Employment Relationship provides that a worker with reduced working capacity and a worker employed on tasks where there is a risk of the onset of disability shall have the right to be assigned to a suitable post. It further notes that the duty of the organization or the employer to guarantee the worker a post for which he or she is capable is subject to the conditions and the manner prescribed by a public instrument or by collective agreement, in accordance with the law. The Government is requested to indicate any conditions prescribed concerning the provision of suitable alternative employment for a worker whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

Article 12. The Government is requested to indicate the types of hazardous and harmful operations involving exposure of workers to air pollution, noise or vibration for which advance notification must be given and to give particulars of any conditions prescribed by the competent authority for the use of certain processes, substances, machinery or equipment.

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

The Committee notes with interest the information provided in the Government's report. It notes from the Government's report, that no special regulations concerning asbestos have been adopted because the only factory dealing with asbestos was forced to abandon its use due to market requirements. The Committee would point out, however, that the Convention applies not only to manufacturers of products containing asbestos but also to suppliers and users of such products and, more generally, to all activities involving exposure of workers to asbestos in the course of work (Article 1(1) of the Convention), including, for example, the demolition work referred to in Article 17 of the Convention and mentioned by the Government in its report. Protective and preventive measures to be taken in this regard under Articles 3 to 22 of the Convention are not limited to those specified in Article 17 but include, inter alia, the fixing of exposure limits and of standards for respiratory protective equipment under Article 15 of the Convention.

The Committee accordingly hopes that the Government will review the position so as to ascertain whether any legislative provisions complying with the specific requirements under the various Articles of the Convention had been in force in the Republic of Slovenia at the time of independence that might be applicable under Article 4 of the Constitutional Act of 25 June 1991, referred to by the Government in its report. Insofar as no such provisions can be identified, the Committee hopes that the necessary measures will be taken by the Government, in consultation with the most representative organizations of employers and workers concerned for the adoption of laws or regulations providing for the application of the specific requirements of the Convention and that the Government will indicate, in its next report, the progress made in this regard.

Article 17 and point V of the report form. The Government has indicated, in its report, that section 34 of the Safety at Work Act requires that dangerous work, including demolition of plants or structures containing asbestos, be notified in advance to the labour inspectorate which shall also be provided with a complete safety programme and the name of the responsible person. The Government is requested to indicate the manner in which the workers or their representatives are consulted on the work plan and any statistics available concerning the number of authorized cases of demolition involving asbestos and the number of workers concerned.

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