REPUBLIC OF CROATIA NATIONAL SAFETY AND HEALTH PROFILE IN THE REPUBLIC OF CROATIA

Transcription

1 REPUBLIC OF CROATIA NATIONAL SAFETY AND HEALTH PROFILE IN THE REPUBLIC OF CROATIA Author Fran Marovic

2 1.1. OSH Laws and Regulations According to the Constitution of the Republic of Croatia all its citizens are guaranteed the right to a healthy life and it is the responsibility of the State to secure conditions for a healthy environment. Within their respective authority and fields of activities all individuals are duty bound to devote special attention to protection of human health, nature and human environment The OSH Law The roof law for this field is the OSH Law ( National Gazette no. 59\96, 94\96 and 114\03),brought into line with the Provisions of ILO Convention no. 155 on Safety and Health at work and the Human Environment (1983) and Directive no. 89 \391\ EEC on measures in view of encouraging implementation and promotion of OSH. The most important elements of safety and health at work are provided for in the OSH Law- edited text ( National Gazette no. 137\04 ) as a roof law on labor relations. Regarding safety at work of women, the OSH Law prohibits hard physical work for women, work under the ground, in water and all other kinds of work which, in view of their psychophysical features seriously jeopardize their life and health. Prohibition to work under the ground does not refer to women on leading positions,or engaged in health protection and social care service. The OSH Law contains a list of jobs prohibited to expecting mothers during pregnancy and nursing of the baby. In addition to that women are prohibited to work night shifts in industry, except in specific cases and upon approval of the Minister of Labor. According to assessments about 90% of economically active population is covered by the OSH Law provisions. In line with ILO Conventions this Law does not refer to armed forces, police and household help The Ministry of Economy, Labor and Entrepreneurship has adopted the following Rules of Procedure which directly refer to OSH: - The Rules of Procedure on safety signs ( National Gazette no. 29\05); - The Rules of Procedure on OSH in manual handling of weight (Official Gazette no. 42\05); - The Rules of Procedure on OSH in the working space and auxiliary rooms and space ( National Gazette no. 6\84 and 42\05); - The Rules of Procedure on OSH during use of the computer ( National Gazette no. 69\05); - The Rules of Procedure on minimum OSH and minimal technical supervision of the machines, equipment, installations and appliances in the space threatened by explosive atmosphere ( National Gazette no. 39\06); - The Rules of Procedure on Risk Assessment ( National Gazette no. 48\97, 114\02 and 126\o3); - The Rules of Procedure on the list of high risk machines and installations ( National Gazette no. 47\02); - The Rules of Procedure on the conditions of training the workers for OSH ( National Gazette no. 114\02 and 126\03); - The Rules of Procedure on work in specific conditions ( National Gazette no. 5\84);

3 - The Rules of Procedure on a maximal allowed concentration of detrimental substances in the atmosphere of the working space and the biological threshold values ( National Gazette no. 92\93); - The Rules of Procedure on the jobs prohibited for women ( National Gazette no. 44\96); - The Rules of Procedure on the jobs prohibited for workers under 18 years of age and the jobs the workers under 18 may be assigned to only on the ground of a medical certificate on health fitness for that particular job ( National Gazette no. 59\02); - The Rules of Procedure on OSH for tools (Official Gazette of the Socialist Federal Republic of Yugoslavia, no. 18\91); - The Rules of Procedure on standards for cranes ( Official Gazette of the SFR of Yugoslavia, no.65\91), and - The Rules of Procedure on safety of machines ( National Gazette no. 135\05). Since it is a matter of safety at work and health protection other administrative bodies are also involved in this aspect, the Ministry of Health and Social Care in the first place. Some other laws also cover safety and health at work and insurance against injury at work and occupational diseases, the procedure of reporting and filing such accidents and cases, compensation, etc., and last but not least the way in which the Labor Inspection, in the pattern of administrative hierarchy under the State Inspectorate and Health Inspection under the Ministry of Health and Social Care monitor the implementation of the rules and regulations in vigor Laws and Regulations on safety and health at work adopted by different Ministries - The Law on Chemicals ( National Gazette no. 150\05); - The Law on Protection from Noise ( National Gazette no. 20\03); - The Law on the list of occupational diseases ( National Gazette no. 162\98); - The Rules of Procedure on signs for poisons in public circulation (National Gazette no. 47\99 and 187\04); - The Rules of Procedure on the upper limit of acceptable noise in the rooms and space where people work and stay ( National Gazette no. 145\04); - A list of poisons whose production, circulation and use is prohibited (National Gazette 29\05 and 34\05); - A list of dangerous chemicals whose circulation is prohibited, or limited ( National Gazette no. 17\ 06 ); - The Law on Health Protection ( National Gazette no. 121\03); - The Law on Health Insurance ( National Gazette no. 94\01); - The OSH Law (National Gazette no. 85\06); - The Rule of Procedure on the right to health insurance on the ground of injury at work, or occupational disease (conditions and procedure) ( National Gazette no. 32\03); - The Law on State Inspectorate (National Gazette no. 76\99 and 129\05) and - The Law on Sanitary Inspection (National Gazette no. 27\99) National Policy and Safety and Health at Work The National OSH Program was drafted by the National OSH Council ( see 3.5) in cooperation with the representatives of state administration (Ministry of Economy, Labor and

4 Entrepreneurship, Ministry of Health and Social Care, Ministry of Sciences, Education and Sports, Ministry of Home Affairs, Ministry of Agriculture, Forestry and Water Economy and the State Inspectorate), the Croatian Institute of Occupational Medicine, the Croatian Institute of Health Insurance, the Croatian Institute of Public Health, the Croatian Employment Institute, the Croatian Institute of Pension Insurance, the Croatian Chamber of Commerce and the Croatian Chamber of Trades. Since the employers, the Trade Unions, the NGOs and some eminent experts in OSH are represented in the National Council this means that all relevant factors have participated in drafting the OSH Program. In 2005 the OSH Draft Program was discussed at the Coordination Committee of the Croatian Government for Social Activities and Human Rights and, with few amendments, adopted in principle, along with the request to determine the costs of its implementation in line with the prescribed methodology. The adoption of the National OSH Program is expected in the second quarter of this year There is a great number of by law and regulations on OSH, some of which were adopted even 20 years ago. Now, in line with its negotiations on EU membership Croatia is bringing into line with EU standards its existing laws and adopting the new ones for the fields that have not been covered. The implementation of the laws and regulations is illustrated by the following TABLE. Protection of workers against dangerous processes, machines and equipment, dangerous chemicals, physical and biological agents in view of : Yes No Applied? - identification and determination of occupational hazards? prohibition, limitation or other means of reducing exposure? + partly - assessment of risks? prohibition or limitation of the use of hazardous processes, + partly machinery, substances, etc? - specification of occupational exposure limits? surveillance and monitoring of the working environment? notification of hazardous work, and related authorisation and + partly licensing requirements? - classification and labelling of hazardous substances? provision of data sheets? + partly - provision of personal protective equipment? safe methods for handling and disposal of hazardous waste? + partly - working time arrangements? + partly - adaptation of work installations, machinery, equipment and + no processes to the capacities of workers (ergonomic factors)? - design, construction, layout, maintenance of workplaces and + partly installations? - provision of adequate welfare facilities???

5 2. Harmonization with International Standards 2.1. International Standards incorporated in National Legislation and Practice The Republic of Croatia, as one of the successors of the former state, has incorporated in its present legal system all ILO Conventions ratified during that period, as indicated in the Table. Regarding the Conventions which have not been ratified there is no obstacle for their ratification in 2008, when Croatia expects to complete the harmonization process of its laws and regulations with the relevant EU Directives.So far, harmonization has been completed with 11 Directives, and by the end of 2007 it will be completed with 5 more Rules of Procedure. The remaining Rules of Procedure will be harmonized in Degree of compliance with ILO OSH Conventions provisions Provisions Intention to Convention No: ratified incorporated in national used as guidance ratify in near future law 155 on Occupational safety and + + health, on Occupational health + + services, on Labour inspection, partly 129 on labour inspection partly (Agriculture) on Radiation protection, on Guarding of machinery, + partly on Maximum weight, partly on Benzene, on Occupational cancer, on Working environment (Air + + pollution, noise and vibration), on Asbestos, on Safety & health in - partly + construction, on Chemicals, partly on Prevention of major - + industrial accidents, on Safety and health in Mines, - partly on Safety and health in agriculture, partly Degree of compliance with EU Directives

6 EU Directives (and their individual amendments) 89/391/EEC "Framework Directive" on OSH 89/654/EEC on minimum safety and health requirements for the workplace 89/655/EEC on use of work equipment 89/656/EEC on use of personal protective equipment 90/270/EEC on work with display screen equipment 90/269/EEC on manual handling 90/394/EEC on carcinogens requirements transposed entirely OSH Law (National G.no. 59\96, 94\96, 114\03 and 100\o4 Rules of Procedure N.G. no. 5\84 and 42\05. Rules of Procedure N.G. no. 39\06 Rules of Procedure N.N. 69/05 Rules of Procedure N.G. 42/05 Publishing in N.G. pending partially transposed Rules of Procedure Official G 18/91 Rules of Procedure N.N. 92/93 requirement s used as guidance intention to transpose in near future /54/EEC on biological agents /58/EEC on safety signs Rules of Procedure N.G.29/05 92/85/EEC on pregnant workers 92/91/EEC on mineral-extracting industries (drilling) Publishing in N.G. pending Rules of Procedure no. 44/96 Rules of Procedure N.N. 125/ /104/EEC on mineral extracting industries Publishing in N.G. pending Rules of Procedure N.G. 43/9, 41/81 i 2007.

7 15/82 93/103/EEC on fishing vessels /24/EC on chemical agents /57/EEC on temporary or mobile construction sites 2002/44/EC on physical agents - vibration 2003/10/EC on physical agents - noise Rules of Procedure N.G. 45/ Rules of Procedure (N.N. 45/04) /383/EEC on temporary workers 94/33/EC on young people 99/92/EC on explosive atmospheres 83/477/EEC on asbestos 2000/39/EC on indicative occupational exposure limits OSH Law Rules of Proc N.G. 39/06 Publishing in N.G. pending Rules of Proc No 59/02 Rules of Proc N.N. 10/86 Rules of Proc. no. 92\ Organizational Framework and Mechanisms for Implementation of the Law Authorities Responsible for Safety and Health at Work. In line with the OSH Law the Government of the Republic of Croatia is duty bound to monitor the state of the art in OSH and, in consultation with the employers and employed, within its responsibility, determine, suggest and from time to time reassess OSH policy and encourage harmonization of all relevant laws in view of promoting OSH. In that aim the Government of the Republic of Croatia has founded the National OSH Council whose members are the representatives of the state, the employers, the employed and prominent experts in OSH. OSH is the responsibility of the Ministry of Labor (Ministry of Economy, Labor and Entrepreneurship) and the Ministry of Health (the Ministry of Health and Social Care). In line with the OSH Law the Ministry of Labor is responsible for drafting regulations on OSH, monitoring OSH in practice, suggesting measures and encouraging activities in view of promoting OSH.

8 The Ministry of Economy, Labor and Entrepreneurship This Ministry is responsible for administration and other activities related to OSH. Within this responsibility the task of the Ministry is to draft the laws and by laws on the implementation of the OSH Law and harmonize them with the relevant EU Directives, express its opinion on the implementation of these laws and regulations, decide on whether the conditions for conducting given OSH activities have been fulfilled ( risk assessment, testing of the machines and the working environment, training for safe work).although it is its legal obligation defined in the OSH Law, in view of its great work load and a small number of employed the Ministry is not in a position to monitor the state of the art of OSH, make suggestions on the promotion of OSH and organize activities in that aim and provide professional assistance to the trade unions and employers ( the SMEs in the first place). During the last five years the Ministry has fulfilled the following important tasks: - In 2003 produced the Draft Law on amendments to the OSH Law (National Gazette no. 114\03), in line with the EU Framework Directive no. 89\391\ EEC; - Made an analysis on the effects of implementation of regulations harmonized with the EU Framework Directive ( machines, asbestos, computers, vinyl chloride monomer), and - Adopted a number of regulations based on the OSH Law and seven new Rules of Procedure harmonized with the EU Directives. Ministry of Health and Social Care This Ministry is responsible for administration and other activities pertaining to the system of health care, health insurance and protection of population against the detrimental effects of noise and radiation. Sanitary Inspection is one of the bodies of this Ministry, exclusively responsible for monitoring the detrimental effects of ionizing and non ionizing radiation on the health of the employed. Monitoring of noise and chemicals is the responsibility not only of sanitary inspectors, but also OSH inspectors of the State Inspectorate of the Ministry of Health and Social Care, who are involved in drafting OSH laws and regulations on protections of the workers health against the detrimental effects of radiation, chemicals and noise. In the last five years the Ministry of Health and Social Care has fulfilled the following important tasks: - prepared a Draft Law on health protection of the workers against detrimental effects ( the Law on Protection Against Noise, National Gazette no. 20\03) ; - prepared the Draft Law on protection against Ionizing Radiation and Safe Sources of Ionizing Radiation (National Gazette no. 125\06 ) and all relevant by laws, and - prepared a very important Draft Law on OSH Insurance ( National Gazette no. 85\06), which will very soon result in a rapid development of the OSH system The State Inspectorate The State Inspectorate for Safety and Health at Work is responsible for OSH inspection, carried out by OSH inspectors and senior OSH inspectors, officials of the State Inspectorate. As part of state administration the State Inspectorate with Inspector General at its head is directly responsible to the Government of the Republic of Croatia.

9 The State Inspectorate is responsible for inspection in : trade and crafts, labor and safety and health at work, in electricity, mining, vessels under pressure, catering and tourism. Inspectors and senior inspectors are responsible for the first instance inspection and have their office in each administrative unit of Osijek, Rijeka, Split, Varazdin and Zagreb and a total of 42 branch offices in the above mentioned units.. Each of the branch offices has its head inspector who is directly responsible to the head inspector of his unit. All head inspectors of the units are, in turn, responsible to the Inspector General. Each Office of OSH Inspectorate of the unit has its OSH section whose activities are directly conducted by the Head of the Unit. Inspectors and Senior Inspectors in the departments are responsible for the second instance procedures.all these departments of administrative units are organized into services. Thus, the OSH Inspection encompasses the OSH Department and the labor Department. This Service is headed by Assistant Inspector General and each department has its Head of Department LABOR INSPECTION SERVICES Description Senior OSH inspectors at the State Inspectorate, a state administration body directly responsible to the government of the Republic of Croatia, headed by the Inspector General, are responsible for inspection and monitoring the implementation of OSH measures. The State Inspectorate is responsible for inspection and monitoring in the fields of trade and crafts, labor and OSH, electrical energy, mining, vessels under pressure, catering and tourism. Inspectors and Senior Inspectors are in charge of the first degree inspection and they have their headquarters in the centers of district units :Osijek, Rijeka, Split, Varazdin and in 42 branch offices ( actually detachments of district headquarters. Each of these branch offices has its Head of Office, directly reporting to the heads of the above mentioned Units, on their part directly reporting to the Inspector General. Each of the Units has an OSH department and its Head of Department. Inspectors and Senior Inspectors working in this Department are in charge of the second degree procedures.all department within one Unit are connected and constitute the Inspection Services. Thus, the Service for monitoring the implementation of OSH measures encompasses the OSH Department and the Labor Department, each of which has its Head of Department The Service is headed by the Assistant Inspector General. On December 31, 2006 the State Inspectorate had a total of 850 employed, out of whom 260 senior inspectors and 471 inspectors. Out of that number 65 were senior inspectors and 121 labor inspectors.the other employed were in charge of other services (finances, data collecting, etc.). LEVEL OF EDUCATION AND PROFESSIONAL TRAINING OF INSPECTORS Persons in charge of monitoring the implementation of law and other OSH regulations has to be a university graduate, or owner of an equivalent diploma, in line with the Law on university education in technical sciences, such as: ship building, electrical engineering, civil engineering, graphical technology, chemical engineering, metallurgy, mechanical engineering, textile technology, aviation, rocket and space technology, organization of labor and production and at least two years of professional experience and the professional exam for labor inspectors. The tasks of and OSH inspector may be entrusted to a person who has not taken the professional exam for Labor inspector, but he, or she, is bound to take it not later than one year upon

10 appointment. A labor inspector may be a graduate lawyer with two years of experience in the profession and who has taken the professional exam for labor inspector. POSSIBILITIES FOR FURTHER TRAINING AND EDUCATION Further formal education for inspectors is not envisaged. It is, however provided within the TWINING PROGRAM, at various meeting. and lectures, and rarely at the work shops and seminars devoted to specific professional fields. THE ROLE OF LABOR INSPECTION IN THE IMPLEMENTATION OF THE LAW The Labor Inspection is authorized to initiate administrative procedures and decide to eliminate the identified deficiencies, decide on prohibition of certain employer s practices which jeopardize the lives and health of the workers, decide to prohibit use of certain machines and halls, or rooms, decide to fine for some violations, initiate the administrative, or criminal court procedure. Their role may also be advisory at the OSH Board meetings and after the performed inspection. THE LEGAL COMPETENCE OF THE INSPECTORATE The Inspectorate is authorized to take decisions to eliminate deficiencies, prohibit given practices persued by the employers in case they represent direct threat to life and health of the workers, seal the machines, halls and rooms to which their decision refers and in case of violation of OSH rules fine on the spot the worker responsible for the violation, or his superior, and initiate administrative and criminal procedures with the relevant courts. IS THE INSPECTOR S LEGAL DUTY TO PUNISH? The Inspector fines worker on the spot if he violates the rules in the above described cases. In all other cases punishable under the law the inspector initiates a procedure with the relevant court which decide on the punishment. WHAT IS THE MONEY COLLECTED FROM FINES USED FOR? This money goes to the state budget. IS PART OF THAT MONEY EARMARKED FOR OSH? NO. WHAT ARE THE MOST SERIOUS PROBLEMS INSPECTION IS FACED WITH? The most serious problems OSH Inspection is faced with in its work are: - Inefficiency of courts. The courts are very slow in acting upon the inspectors reports requesting punishment for violation of the rules ( it usually takes more than one year); in the meantime many cases fall under the statute of limitation; the punishments are too mild, much below the ones envisaged by the law and sometimes everything ends with a reprimand;

11 - The number of inspectors in the Inspectorate is too small with regard to the number of workers; - The inspectors salaries are too low with regard to the salaries in the private sector and the promotion system in administration is not encouraging, which discourages young promising professionals with technical education to apply for this job; - Investments in the equipment necessary for the work of the inspectors are far too low (official car, computers, cell phones, technical instruments for inspection and measurement, etc.). ARE THERE SOME NEW LAWS OR POLICIES REGARDING LABOR INSPECTION? WHAT ARE THE PLANS FOR 2007 IN THIS FIELD? The ACTION PLAN established after the EU analysis envisages doubling the number of inspector in the years 2007 and WHAT ARE THE MEASURES PLANED IN CASE OF UNREGISTERED WORK, OR UNREGISTERED INJURIES AT WORK? Inspectors conduct inspection on a continuous basis according to the established priorities. Prevention connected with the above questions is the responsibility of the Ministry A case study Please, describe a routine inspection of a working place in a privately owned factory in the capital city, employing about 200 workers. The description should be in the form of a case study. Describe all stages of planning inspection (how do you select the company (place) for inspection, how does the inspector get to that place, which kind of material does the inspector prepare for inspection, is the inspection conducted by one or several inspectors together, etc); specify the time devoted to inspection of a working place, the focus of your attention during that inspection (evidencing or physical inspection), the reporting procedure up to taking a decision in case of violation. In line with the Law on State Inspectorate (Official Gazette no 76\99, 96\03, 151\03, 160\04, 174\04, 33\05, 48\05, 129\05, 138\06) and the inspector s plan of work priorities in inspection have the cases of injuries at work, professional diseases and general inspection of places conducting risky activities. According to the Regulations and Instructions of the Inspector General OSH inspectors must inspect all aspects envisaged by OSH Law and take appropriate measures in case of irregularities.

12 Summary: Please include the following completed table as a summary: Summary of labour inspection services Total number of staff in labour inspection services 295 Number of inspectors 1:22 HQ versus total staff (%) 1:1 OSH versus employment inspections (e.g. 100:0, 50:50, 45:55...) 10,70% Percentage of economically active population covered by labour 0,4 inspection services Inspectors/1,000 enterprises 0,13 Inspectors per 1,000 employees 18 Inspections/1,000 workers/year 137 Visits by one inspector per year 3 Inspectors per computer 3 Internet access? 5 Inspectors per office car exceptionally Own car used? yes Own car use remunerated? Inspector s salary (20 years of service) amounts kn Inspector salary versus minimum wage (number of time more than minimum wage) kn Inspector s salary ( 20 years of service) amounts to kn kn. Inspector salary versus private sector salary (worse, same, better?) Average age of inspectors 47 years yes The answers by Inspector General Kruno Kovacevic, m. sc Occupational Medicine Services Occupational medicine is under the Ministry of Health and Social Care, and the Croatian Occupational Medicine Institute is responsible for professional monitoring the work of occupational medicine services and teams. Specialization in occupational medicine and sports takes four years and is fully harmonized with EU recommendations. After specialization and the exam required for occupational medicine and sports specialists, the specialist in occupational medicine and sports is entitled to work in the occupational medicine service. There is no law on education required for nurses working in occupational medicine.

13 The Ministry of Health has established the following plan and program of specialization in occupational medicine and sports : a future specialist has to spend seven months at the Croatian Occupational Medicine Institute for practical work, six months at the Medical Faculty as a graduate students in that branch and four months working in an occupational medicine service headed by a specialist with at least five years of practice, licensed by the Ministry of Health to train future specialists. Clinical specialization is organized at the clinics for neurology, ORL, dermatology, traumatology, internal medicine, pulmology and diagnostic laboratories of the licensed clinics. Every occupational medicine office, be it state owned or private, has to possess a license issued by the Ministry of Health. All requirements regarding space, equipment and personnel have to be met. Every occupational medicine specialist must have a license for his work issued by the Croatian Medical Chamber, renewable every six years. In Croatia an occupational medicine team consists of a physician specialist in occupational medicine and a nurse with a professional medical exam. Only 4 out of 158 such offices also have a psychologist. Occupational medicine services in Croatia do not employ OSH engineers, but there is informal cooperation with them. The Croatian Medical Chamber has fixed minimal fees for services in occupational medicine. An occupational medicine specialist checks up the candidate before employment and later periodically ( 12 or 14 months after the previous check up and afterwards at regular intervals), particularly the workers exposed to various risks and detrimental effects at the place of work. Specialists in occupational medicine also participate in risk assessment and are members of OSH Boards Other Institutions Responsible for Implementation of the Law The Judiciary The role of the Judiciary is to conduct court procedures in case of violation and criminal violation of OSH rules and regulations, initiated by labor inspectors, decide on such cases and punish the guilty, either by fining him, or sending him to prison. The point is to make all punishments efficient. However, the main problem is inefficiency of the Judiciary as such. The Court procedures take too long, even over a year before the Court issues the verdict to punish the guilty, and sometimes much longer, so that at the end they become obsolete. Moreover, in most cases the punishments are considerably milder than envisaged by the Law 3.5. The National Council for Safety and Health at Work In line with the OSH Law (National Gazette no. 59\96 and 114\02), on October 5, the Government of the Republic of Croatia decided to set up a National Council for Safety and Health at Work, with the following tasks: - To critically evaluate the OSH system and policy and inform the Government of the Republic of Croatia about its findings and conclusions; - To follow closely all OSH laws and regulations and, whenever necessary, suggest to the Government of the Republic of Croatia mutual harmonization and harmonization with international regulations, and - In cooperation with the employers and the employed submit to the Government of the Republic of Croatia proposals relevant for the policy of safety and health at work and suggest measures to be implemented.

14 According to the amendment of March 2o, 2003, the National Council for safety and Health at Work consists of a president and ten members, representatives of the state ( 2), of the employers (2), of the employed (2) and outstanding specialists in OSH (5). The president and members of this National Council are appointed for a 4 year term and may be re-appointed. In line with the above decision the members of this National Council are: one representative of the Croatian Trade Unions and one representative of the Union of Independent Trade Unions of Croatia, and two representatives of the Croatian Employers Union. In spite of serious problems it had to cope with the National Council for Safety and Health at Work has, so far, been very active in encouraging dialogue on OSH between social partners. Before submitting the latest amendments to the OSH Law the representatives of the employers and the employed had a long discussion between them and the representative of the state joined them only in the final stage of negotiations. The Draft National OSH Program has been assessed as the greatest achievement of the National Council for Safety and Health at Work so far. Work on that Draft Law started in 2004, but the Law has not yet been adopted. In order to strengthen the position of the National Council for Safety and Health at Work it was decided that the Social Partnership Office of the Government of the Republic of Croatia should take care of its administrative work, which was agreed with all social partners and relevant bodies of state administration. The Coordination Council of the Government of the Republic of Croatia for Social Activities and Human Rights has also supported that idea. The decision of the Government of the Republic of Croatia on this issue is expected soon Safety Against Injuries at Work and Occupational Diseases The OSH Law which entered into force in July 2006 (National Gazette no. 85\06) represents a significant step forward in OSH. According to this Law a special insurance fund is to be established in 2007 for financing prevention measures against injuries at work and occupational diseases, according to the standards defined by the insurance company, including free medical treatment and rehabilitation in such cases (injury at work and occupational disease). The minimum rights guaranteed to the insured by this Law are the rights guaranteed to him by the Law on Compulsory Health Insurance (National Gazette no. 86\06), but these rights may be increases on the ground of general acts adopted by the Institute for Health Safety at Work. The Law applies to the entire active population and for that purpose the employers pay given amounts to the State Treasury. The above Law also provides for compulsory health insurance for workers, craftsmen and freelancers in other professions who are guaranteed the following rights: a) special preventive health protection; b) curative medical treatment of the insured injured at work,or suffering from an occupational disease, or a disease incurred by work, which includes: - primary health care, - consultation with health protection specialist; - medical treatment in the hospital, including rehabilitation; - the right to medicaments, and - the right to orthopedic and other aids.

15 c) financial compensation ( salary during sick leave, travel expenses connected with health care, funeral expenses, etc.). At present the bonus-malus system does not work. In current practice 0.5% goes to the Fund for every employed, regardless of his, or her professional activity. There are no special contributions for risky work, but this problem will be dealt with in relevant by laws. The Croatian OSH Institute is expected to start work by the end of this year On the ground of available data it will be possible to introduce the bonus-malus system in some economic sectors. Namely, if in the previous calendar year in some companies the expenditures for injuries at work and occupational diseases exceeded the average costs per injured earmarked for that specific sector for the following 12 months, as of April 1 of the current year, that employer (company) will have to pay a contribution increased by 50%, the so called malus contribution. On the other hand, if in the previous year the expenditures for injuries at work and occupational diseases were below 50% of the average expenditures per injured earmarked for that sector, the employer is entitled to a bonus of 25% reduction of his regular contribution. Prevention is organized by occupational medicine teams. According to the provisions of that same Law it is the specialists in occupational medicine who, on behalf of the Insurance, diagnose and treat occupational diseases and injuries at work and assess the expected duration of the sick leave. One of the major tasks of this Institute will be collecting and processing data on injuries at work and occupational diseases in view of decreasing the number of such cases in specific sectors and professions. Although understaffed, at this moment the Croatian Occupational Medicine Institute is collecting and processing data on professional diseases and injuries at work and other diseases incurred by work. There is no organized prevention in this field due to lack of relevant regulations. Once special insurance against injuries at work and professional diseases in place it will also cover prevention. A list of professional disease is established by Law, in line with ILO Recommendation. This year, during negotiations between the Republic of Croatia and the EU the list of occupational diseases in Croatia and its harmonization with that same list in the EU Recommendation will be also discussed.. The Croatian list incorporated in the Law covers all diseases listed in Annex I and most of the diseases listed in Annex II. The employer is duty bound to report to the relevant body every case of injury, or professional disease. In line with the Rules of Procedure on the rights guaranteed by basic health insurance he ( the employer) has to fill out a blank for the Health Insurance of the injured ( National Gazette no. 32\03 ). Compensation implies free treatment, 100% remuneration of the salary during sick leave and in case of invalidity due to injury,or occupational diseases, the right to invalidity pension. If the occupational disease, or injury at work is due to nonimplementation of OSH rules the worker is entitled to compensation either from the employer, or his insurance company. In cooperation with ILO Croatia intends to adopt of a number of regulations on exposure of the workers to asbestos, including compensation, more favorable conditions for retirement, on criteria for diagnosing and recognizing occupational diseases and on implementation of sanitary measures in the Salonit and Vranjica factories.

16 3.7. Information on Safety and Health at Work According to OSH Law the Institute for Safety and Health at Work operates under the Ministry of Labor, with the task to compile and disseminate information on OSH to all involved in these activities. The Institute was founded in 2001 and had three employed only. In 2005 instead of the Institute the Ministry of Economy, Labor and Entrepreneurship founded a department for OSH with the same number of employed, which means that understaffed as it is, in addition to administration this department is not in a position to perform the above mentioned tasks. During their analytic inspection of this field the EU representatives identified that problem as benchmark. After we obtained the EU Report we produces an action plan, according to which the Institute for OSH will be founded by Its priority assignment will be to carry out the above mentioned tasks. In 2006 a very important Agreement on OSH was concluded with the EU (Bilbao), thanks to which financial and technical assistance will be provided for setting up a network of Agency s stations in Croatian language and organizing events in connection with EU WEEKS OF SAFETY AND HEALTH PROTECTIONS AT WORK. Conferences and round tables with participation fee are organized on topics connected with harmonization of the laws and regulations with the relevant EU Directives and on negotiations with EU and the conditions which future members should meet. So far the Ministry of Labor has organized three conferences in cooperation with the Austrian Labor Inspection and AUVA (Company for Insurance Against Accidents).Preparations for the Fourth Conference in 2008 are under way Specialized Technical, Medical and Scientific Institutions in Various Ways Connected with Safety and Health at Work Public School of High Education in Safety Croatia has a long tradition in education of specialists in OSH. A Higher Technical School for Safety and Fire Protection was founded in 1963, with a two year program of education. In 1997 it was transformed into a Public School of High Education in Safety. Its curriculum is aligned with the Bologna Declaration and education takes years with a total of 300 points requested for graduation. Since 1997 seven hundred students have graduate from that Public School The Medical Faculty of the University of Zagreb The Medical Faculty has a Department of Health Ecology and Occupational Medicine. The subject of the same name is part of the compulsory curriculum. It is taught in the IX-th semester (105 lessons). In addition to the above mentioned undergraduate, the Medical Faculty organizes special courses in occupational medicine and sports on post graduate level which take 10 months and specialization in occupational medicine on the post graduate level which takes 4 years and has a long tradition.

17 The Croatian Institute of Occupational Medicine This Institute is a health institution for occupational medicine which has a very important role in the improvement of safety and health at work in Croatia. Its specific tasks in OSH are: - to compile statistical data on occupational medicine; - plan, suggest and implement measures for protection and improvement of the workers health; - define the doctrine, standards and methods for evaluation of health fitness and monitoring health condition of the workers working in special conditions, drivers of all kinds of motor vehicles, mariners, air crew and other workers in traffic; - organize and implement special preventive health protection measures; - keep files on occupational diseases, injuries and invalidity at work and their causes in the Republic of Croatia; - take part in drafting health protection programs and measures and nomenclature of the diagnosis and therapy for specific health protection of the workers; - take part in additional professional training for workers in occupational medicine; - provide expert opinion on occupational diseases and the degree of working capacity, and - conduct the second degree procedure according to special regulations. In addition to the above tasks the Croatian Institute of Occupational Medicine coordinates and monitors work of all occupational medicine health units responsible for specific health protection in the Republic of Croatia. The existing Institute is only a nucleus which in 2009 will develop into a much stronger Institute of Health Protection and Safety at Work Institutions and Companies Licensed for Safety and Health at Work Institution and companies licensed for safety and health at work also provide services in risk assessment, training for safe work. inspection of machines with increased risk and inspection of the working environment and issue the necessary relevant documents on the service performed. In order to get the license for providing these service the institutions and company must meet the requirements regarding the number of experts employed with the professional exam for this activity and the equipment necessary for rendering the above mentioned services. For obtaining the license an institution, or company, has to submit an application for the license to the Ministry whose representative, after the inspection on the spots, decides whether the applicant has fulfilled the required conditions. All positive decisions, namely the names of the institutions and companies licenses for given services, are published in the National Official Gazette. At the moment there are 72 institutions and companies licensed for services in safety and health at work and a few more applicants are waiting for the license. Companies licensed for OSH, evidently, play a significant role in the implementation of OSH measures, particularly in case of SMEs. However, since they conduct business in market conditions, in order to be competitive they lower their fees to the detriment of the quality, which is too bad for this area of responsibility. Services in safety and health at work provided by an employer, a licensed institution or a licensed company, to other employers may be rendered only by persons with the required professional qualifications (secondary, higher or university education) in a technical, or medical

18 profession, or professional education in occupational safety with a given number of years of work in the profession and who have passed the professional exam at the Ministry of Economy, Labor and Entrepreneurship. On the other hand, under the present Law, individuals in charge of training in safety and health at work, OSH representatives of the workers and the trade union representative also responsible for OSH do not have to meet special requirements. The Law only specifies that the training fee is to be covered by the employer. Education for high risk professions is provided by educational institutions and companies which have special programs for that kind of education, approved by the Ministry of Education and Sports. A special regulation has been adopted entitling the Croatian Toxicological Institute to train workers for work with chemicals. The Croatian Toxicological Institute and the Institute of Medical Research and Occupational Medicine are also involved in safety and health for workers working with chemicals. Risk assessment is carried out by institutions and companies licensed for OSH which employ experts of different profiles, have the necessary equipment and follow the legally established procedures in that respect. The Croatian Institute for Standards and the Croatian Accreditation Agency are in charge of drafting and adopting Croatian standards and their harmonization with EU and accreditation of institutions licensed for conducting given professional activities Associations In Croatia there are several associations of OSH experts. Two such associations of different profiles are: Association for Promotion of OSH in the working and human environment (UPZHIS) and the Croatian Association for Promotion of OSH. There are also professional associations such as: Association of Occupational Medicine Specialists, the Croatian Association of Safety Engineers and Association of OSH Specialists in Road Maintenance. They all organize round tables, lectures and workshops, for their members and all interested. There is a great number of specialists in safety and health at work. They are represented in the National Council for Safety and Health at Work, but very few of them are involved in the procedure of aligning Croatian regulations with the EU Directives and other laws and regulations, or in making national OSH policy Coordination and Cooperation There are no formal mechanisms for cooperation and coordination among the ministries, agencies and organizations responsible for OSH. The National Council fr Safety and Health at Work is the only formal body in that respect whose members are the representatives of state administration, the employers union and the trade unions. Practice has, however, shown that it is not sufficient for efficient work.

19 4. The Role of Social Partners in Safety and Health at Work Social Partners and their Programs in Safety and Health at Work The Employers Unions ( Organizations) The Employers organizations existing in Croatia and the structure of their membership. The Employers Union of Croatia, a high level representative organization, was founded in It is the biggest such union in Croatia with about members-employers employing about workers ( about 50% of employed in the economic sector in Croatia).They are represented in the Economic and Social Council. The Employers Union has its offices in Rijeka, Split and Osijek. Today, the Employers Union has 23 branches (branch unions) representing different industries, sectors and structures of the employed. Other employers organizations in Croatia are: the Confederation of Croatian Industries and Entrepreneurs and the Union of Employers in Health Protection. Data on the number of members- employers in these two unions are not available, nor the number of workers they employ. The Employers Union of Croatia is very active in promoting OSH among its members and keeping them regularly informed about relevant laws and by laws which the members should observe in order to fulfil their commitments with regard to safety and health at work.. The Employers Union of Croatia has two representative in the National Council for Safety and Health at Work. However, the employers organizations in Croatia do not employ specialists in safety and health at work. Their members ( the employers) meet these commitments by employing a specialist in OSH (in companies with up to 50 workers), or by organizing an OSH service (companies employing over 250 workers).there are no data on the exact number of specialists working for employers, but there are data on the number of candidates who have take the professional exam in OSH at the Ministry of Labor (over 1 000).Most of them are employed and work for the employers and a smaller number of them work in professional services for OSH. In Croatia, employers are getting increasingly aware of the importance of OSH, in spite of increasing expenditures for the improvement of conditions in the working environment. The Employers organizations agree that the employers and trade unions should keep encouraging their members to constantly work on the promotion of safety and health at work by making them increasingly aware of its importance. Most employers are aware of their responsibilities with regard to safety and health at work. On the other hand, the implementation of OSH measures is for them expensive, but in spite of high costs they implement them in order to avoid being fined and punished. Within the present OSH system the employers are not financially motivated enough to promote safety and health at work Workers Organizations (Organizations of the Employed) In Croatia there are six trade unions which are represented in the Economic and Social Council. They are: - The Union of Independent Trade Unions of Croatia;

20 - the Independent Trade Unions of Croatia; - The Central Croatian Trade Unions of Public Services; - Association of Croatian Trade Unions, and - The Trade Unions of the Services (UNI-CRO). In cooperation with ILO the Association of Independent Trade Unions of Croatia has organized a seminar for trainers in safety and health at work for OSH representatives of the employed and has committed itself to help all interested in this project. Already for three years this Union has been active in the project of organizing safety and health at work ( on three levels) and providing continuous education in OSH (on three levels too). The Association of Independent Trade Unions of Croatia is sharing this project with the colleagues in the region ( Serbia and Bosnia and Herzegovina and Macedonia).Also, this Union takes active part in drafting OSH laws and rules of procedure at the Economic and Social Council, in the work of the EU organization ETUI and in developing strategy for joining EU. Excellent cooperation has been developed with ILO and Ms Annie Rice from the Budapest ILO Office, whose help and support to the program and its realization in Croatia has been most valuable ( e.g. asbestos, continuous education, etc.). The Association of Independent Trade Unions adopted its plan and program of work three years ago with a schedule and calendar of activities in its six centers and on the international level. Nothing happens spontaneously, or accidentally. Everything is part of the plan and program. Response from the field is encouraging and proves that we are on the right way. A survey we have conducted proves it too. The results will be published in the Croatian professional Journal on Safety and Health at Work, so as to make them available to all interested. Only the Association of Independent Trade Unions has recently, appointed a head adviser on OSH, for full time work. Moreover, this Association has recently set up a Sector for Safety and Health at Work. At the moment OSH is not the very first but is, undoubtedly, one of the top priorities of the trade unions. The Plan and Program was unanimously adopted by the Presidency of the Association of Independent Trade Unions, which is a proof of its keen interest in OSH as well. This Association also actively participates in the work of its recently established Sector for Safety and Health at work.. The employed working in this Sector believe that safety and health at work will soon become a top priority issue of the trade unions. Workers are rather formally acquainted with safety and health protection measures at work and their rights and responsibilities in this regard. In reality it is different. Since the OSH project of the Association of Independent Trade Unions has only started, in view of improving the situation in this field the intention is to in the next two years involve in training for safety and health at work all OSH representatives of the workers ( about of them), which will be possible after education in OSH or 150 trainers who will than transmit their skills in OSH to the workers and be available round the clock to the colleagues so as to help them realize their rights and solve their problems with the help of the branch office representatives. The Association of Independent Trade Unions has developed successful cooperation with the National OSH Council, with the State Inspectorate, the OSG Department of the Ministry of Economy, Labor and Entrepreneurship, the Croatian Occupational Medicine Institute and the Government s Office for Social Partnership.