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REPUBLIC OF CROATIA
NATIONAL SAFETY AND HEALTH PROFILE
IN THE REPUBLIC OF CROATIA
Author
Fran Marovic
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.
1.2. 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.
1.3. 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);
- 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.
1.4. 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).
1.5. 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
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.
1.6. 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,
machinery, substances, etc?
+ partly
- specification of occupational exposure limits? + +
- surveillance and monitoring of the working environment? + +
- notification of hazardous work, and related authorisation and
licensing requirements?
+ partly
- 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
processes to the capacities of workers (ergonomic factors)?
+ no
- design, construction, layout, maintenance of workplaces and
installations?
+ partly
- provision of adequate welfare facilities? ? ?
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 2008.
2.2.1. Degree of compliance with ILO OSH Conventions
Convention No:
ratified
provisions
incorporated
in national
law
Provisions
used as
guidance
Intention to
ratify in near
future
155 on Occupational safety and
health, 1981
+ +
161 on Occupational health
services, 1985
+ +
81 on Labour inspection, 1947 + partly
129 on labour inspection
(Agriculture) 1969
partly
115 on Radiation protection, 1960 - +
119 on Guarding of machinery,
1963
+ partly
127 on Maximum weight, 1967 - partly +
136 on Benzene, 1971 + +
139 on Occupational cancer, 1974 + +
148 on Working environment (Air
pollution, noise and vibration),
1977
+ +
162 on Asbestos, 1986 + +
167 on Safety & health in
construction, 1988
- partly +
170 on Chemicals, 1990 - partly +
174 on Prevention of major
industrial accidents, 1993
- +
176 on Safety and health in Mines,
1995
- partly +
184 on Safety and health in
agriculture, 2001
- partly +
2.2.2. Degree of compliance with EU Directives
EU Directives
(and their individual amendments)
requirements
transposed
entirely
partially
transposed
requirement
s used as
guidance
intention to
transpose in
near future
89/391/EEC "Framework
Directive" on OSH
OSH Law
(National
G.no. 59\96,
94\96, 114\03
and 100\o4
89/654/EEC on minimum safety
and health requirements for the
workplace
Rules of
Procedure
N.G. no. 5\84
and 42\05.
89/655/EEC on use of work
equipment
Rules of
Procedure
Official G
18/91
2007.
89/656/EEC on use of personal
protective equipment
Rules of
Procedure
N.G. no.
39\06
90/270/EEC on work with display
screen equipment
Rules of
Procedure
N.N. 69/05
90/269/EEC on manual handling Rules of
Procedure
N.G. 42/05
90/394/EEC on carcinogens Publishing in
N.G. pending
Rules of
Procedure
N.N.
92/93
2007.
2000/54/EEC on biological agents - - 2008.
92/58/EEC on safety signs Rules of
Procedure
N.G.29/05
92/85/EEC on pregnant workers Rules of
Procedure
no. 44/96
2008.
92/91/EEC on mineral-extracting
industries (drilling)
Publishing in
N.G. pending
Rules of
Procedure
N.N.
125/98
2007.
92/104/EEC on mineral extracting
industries
Publishing in
N.G. pending
Rules of
Procedure
N.G. 43/9,
41/81 i
2007.
15/82
93/103/EEC on fishing vessels 2007.
98/24/EC on chemical agents - - 2008
92/57/EEC on temporary or mobile
construction sites
Rules of
Procedure
N.G.
45/84
2007.
2002/44/EC on physical agents -
vibration
- - - 2008
2003/10/EC on physical agents -
noise
Rules of
Procedure
(N.N.
45/04)
2007.
91/383/EEC on temporary workers OSH Law
94/33/EC on young people Rules of
Proc
No 59/02
2007.
99/92/EC on explosive
atmospheres
Rules of Proc
N.G. 39/06
83/477/EEC on asbestos Publishing in
N.G. pending
Rules of
Proc N.N.
10/86
2007.
2000/39/EC on indicative
occupational exposure limits
Rules of
Proc. no.
92\93
2008
3. Organizational Framework and Mechanisms for Implementation of the Law
4.2.1. 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.
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.
3.2. 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 .
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.
3.2. LABOR INSPECTION SERVICES
3.2.1. 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
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;
- 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 2008.
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.
3.2.2. 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.
3.2.3. 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
inspection services
0,4
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
5.653.16 kn |
4.560.00 kn
Inspector salary versus minimum wage (number of time more
than minimum wage)
Inspector’s salary (
20 years of service)
amounts to5.653.16
kn | 4.126.00 kn.
Inspector salary versus private sector salary (worse, same,
better?)
47 years
Average age of inspectors yes
The answers by Inspector General Kruno Kovacevic , m. sc.
3.3. 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.
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.
3.4. 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, 2000. 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.
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.
3.6. 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.
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 non-
implementation 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.
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 2009. 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.
3.8. Specialized Technical, Medical and Scientific Institutions in Various Ways
Connected with Safety and Health at Work
4.2.1. 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 3+1+1 years with a total
of 300 points requested for graduation. Since 1997 seven hundred students have graduate from
that Public School.
4.2.1. 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.
4.2.1. 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.
4.2.1. 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
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.
4.2.1. 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.
3.9. 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.
4. The Role of Social Partners in Safety and Health at Work
4.2.1. Social Partners and their Programs in Safety and Health at Work
4.2.1. 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 1993. It is the biggest such union in Croatia with about 5 000 members-employers employing
about 400 000 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.
4.2.1. 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;
- 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 2 500 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.
4.2.1. Cooperation Within the National Tripartite Committee for Safety and Health at
Work.
See under 3.5., the National Council for Safety and Health at Work
Two representatives of the employers and two representatives of the trade unions participate in
the work of this National Council from its foundation.
4.2.2. Bipartite Committees
Cooperation on the bipartite level leaves to be desired. The employers do not have their
representative unions, so that the trade unions do not know whom they actually represent. The
lack of representative employers’ unions and the lack of desire for bipartite cooperation is
actually the problem. The situation is, however, improving, in the first place thanks to better
relations between the Employers’ Union and the Association of Independent Trade Unions.
OSH Representatives of the Workers (Employed)
According to the Law in companies employing over 20 workers they should elect one
among them to be their OSH representative. The number, election and mandate of OSH
representatives is defined in line with the OSH Law , namely its provision on the election of the
members of the workers’ councils. If envisaged by the collective agreement the Trade Unions
may also appoint OSH representatives. Their task is to work in the interest of the workers in
safety and health and monitor the implementation of OSH rules and regulations in the working
environment they represent.
In order to be able to fulfil his tasks the OSH representative has the following significant
rights:
- The right to insight into and use of the relevant documentation related to safety and
health at work;
- He should be available to hear all remarks the workers may have regarding their
safety and health at work;
- To bring to the attention of the inspector his and the remarks of the workers he
represents on safety and health at work, be present during the inspection and express
his opinion on the facts established by the inspector;
- Call the inspector whenever he concludes that the lives and health of the workers are
jeopardized, and the employer refuses to admit that problem and does not take steps
in view of improving the situation, and
- Give his opinion on the inspector’s report.
The employer is duty bound to enable the workers’ OSH representative to carry out his
tasks properly, in good conditions, secure him access to all relevant information and facilitate
insight into all rules and documents connected with safety and health at work. During carrying
out this duty the employer must not assign the OSH representative to another job, transfer him to
another place of work or another employer without the consent of the workers’ council and the
trade unions, terminate his employment contract or in any other way jeopardize his position, nor
initiate against him a legal procedure for damage compensation, if the OSH representative has
acted according to his legal rights.
OSH representatives are entitled to remuneration of the salary for at least 4 hours a week,
for carrying out their tasks connected with OSH.
Committees for Safety and Health at Work
According to OSH Rules and Regulations every employer employing over 50 workers
must have a Committee for Safety and Health at Work in the advisory capacity. This Committee
is headed by the employer, or his authorized representative and its members are OSH
representatives of the workers, trade union representatives also in charge of OSH , a specialist in
OSH, or a specialist in occupational medicine in charge of medical check ups of the workers at
the places of work with increased risk. The OSH inspector is, as a rule, also present at the
meetings of this Committee . Most factories have their central OSH Committees. Although
established only ten years ago in most factories these Committees represent the most relevant
factors in the implementation of safety and health protection measures at work. Their members
discuss about the inspector’s reports and the measures he has taken and assess risk. They
regularly meet every three months, but in case of grave and lethal injuries they immediately call
an extraordinary meetings.
4.3. Safety and Health Protection in Collective Negotiating
In collective negotiations very little attention is devoted to questions connected with
safety and health protection. Collective Agreements only call for respect of the OSH Law and
quote some of its regulations. In very few cases special insurance in addition to the basic
insurance guaranteed by the Law is envisaged for workers at risky places of work. There are only
two collective agreements on this issue.
4.4. Summary
The OSH Law and regulations aligned with ILO Convention 155 and the Framework
Directive 89\391\ EEC, spells out in details the responsibilities of the employer and his
representative(s) for the implementation of OSH. In practice, however, only a smaller number of
OSH measures are fully respected, whereas most of them are only partly implemented.
4.4.1. Summary of individual employer responsibilities
Does the employer have the responsibility to: provided for in
law? (yes/no)
generally taken up in
practice?
(yes/no/sometimes)
- establish an OSH policy? no NO, except in factories
possessing
OHSAS 18001
- implement preventive and protective measures? yes yes
- provide safe machinery and equipment? yes yes
- use non-hazardous substances? yes partly
- assess risks and monitor them? yes yes
- record risks and accidents? yes yes
- report occupational accidents and diseases to
the competent authority?
yes yes
- ensure health surveillance of workers? yes yes
- inform workers on hazards and the means of
protection?
yes partly
- consult with worker representatives on OSH? yes partly
- educate and train workers? yes yes
- establish joint OSH committees? yes yes
4.4.2. Summary of workers' rights and duties
Does the worker have the: provided for in
law? (yes/no)
generally taken up in
practice?
(yes/no/sometimes)
- duty to work safely and not endanger others? yes yes
- right to compensation for hazardous work (e.g.
hazard pay, reduced working time, earlier
retirement, free foods and drink to combat the
effects of exposure to hazards)?
yes yes
- right to be kept informed about workplace
hazards?
yes No
- right to be provided with personal protective
equipment and clothing?
yes yes
- right to incur no personal costs for OSH
training, personal protective equipment, etc?
yes yes
- duty to make proper use of personal protective
equipment?
yes yes
- right to select worker OSH representatives? yes yes
- right to remove themselves from danger in case
of imminent and serious risk to health?
yes No
- duty to report to the supervisor any situation
presenting a threat to safety?
yes no
4.4.3. Summary of worker OSH representatives' rights and responsibilities
Do worker OSH representatives have the right to: provided for
in law?
(yes/no)
generally taken up
in practice?
(yes/no/sometimes)
- inspect the workplace for potential hazards? No No
- investigate the causes of accidents? No No
- investigate complaints by workers relating to OSH or
welfare?
No No
- participate in risk assessments and access to
information concerning risk assessments?
Yes Yes
- call in the authorities responsible for OSH inspections? Yes Sometimes
- participate in/submit observations to inspectors during
inspection visits to the work site?
Yes Sometimes
- information given by inspection agencies responsible
for OSH?
Yes Yes
- access to the list of accidents and diseases and reports
of these in the enterprise?
Yes Yes
- access to records the employer is obliged to keep? Yes Yes
- receive information and consultation by the employer
in advance concerning measures which may substantially
affect OSH?
Yes No
- consultation in advance concerning the designation of
workers or hiring of external services or persons with
special responsibility for OSH?
No No
- submit proposals to the employer with a view to
mitigating risks and/or removing sources of danger?
Yes Yes
- appropriate training during working hours? Yes Yes
- facilities and time off with no loss of pay to be able to
carry out their duties as OSH representatives?
Yes Yes
- attend meetings of the OSH committee? Yes Yes
- access to outside experts? No No/ Sometimes
- stop dangerous work on behalf of workers? no No
5. Regular and Current activities in Safety and Health at Work
5.1. OSH Promotion Programs and Activities
According to the OSH Law promotion of safety and health at work is one of the major tasks
of the OSH Institute at The Ministry of Labor, but so far the Institute has not been very active in
this regard. Namely, the Institute which was later transformed into the OSH Department of the
Ministry of Labor did not have enough staff to engage in such activities. So far, it has only
managed to organize round tables in cooperation with the Austrian Inspection and the Austrian
AUVA ( general insurance against accidents).
So far, not a single activity has been organized involving all factors relevant for OSH,
which is indicative of the situation in this field. Only this year on ILO World Day all factors will
be involved to commemorate the victims of accidents
There is an increasing interest of the companies (enterprises) in quality control, safety and
health at work and measure for improvement of human environment. Thus OHSAS 18001 system
has been introduced in 31 factories. The factories already possessing ISO 900 and 14000 are
increasingly interested in OHSAS 18001 certificates and have already introduced the integral
management system within which safety and health at work has a very important place.
At the 94-th Session of the Economic and Social Council , held on April 3, 2007, the
social partners decided to unanimously support the proposal of the Association of the United
Trade Unions ( SSSH) to proclaim April 28 the Day of Health Protection and Safety at Work.
After April 28 the Economic and Social Council will hold a special session devoted to OSH in
order to enhance its importance.
5.2. International Cooperation in Safety and Health at Work
Within Croatia’s efforts to become member of the EU and harmonize its OSH laws with
those in the EU, in July 2005 the Ministry of Economy. Labor and Enterpreneurship signed an
Agreement on Cooperation in OSH with the French Ministry of Employment, Social Cohesion
and Housing. The purpose of this Agreement was to give support to Croatia in its efforts to adopt
European principles through exchange of experience and good practice. The first stage of
cooperation was devoted to the analysis of OSH laws and regulations in vigor in Croatia and the
role of different factors in this field in view of suggesting measure for improvement of the state
of the art.Within this project a delegation of Croatian experts visited France and during the
study tour had the opportunity to get acquainted with some very good solutions in education of
labor inspectors for more efficient work. The final report will be discussed at the workshop for
all social partners and other relevant factors in OSH.
MATRA Project of the Croatian Occupational Medicine Institute is in progress, within
which we cooperate with the experts from the Netherlands.
Regarding the problem of asbestos we expect the visit of a High Level ILO Mission, to
help us solve this problem as soon as possible. Salonit factory in Vranjica has discontinued its
production of cement- asbestos products but we have to solve the problem of retirement under
more favorable conditions, compensation to workers affected by occupational diseases, sanitation
of the site of the factory and storage of asbestos waste. A long term task will be to eliminate all
products containing asbestos from the construction industry without jeopardizing the health of the
workers who will be in charge of that task.
Regarding the problem of administration connected with OSH we have applied for IPA
Project which would secure education for labor inspectors and specialist in the OSH Department
of the Ministry of Labor and the necessary technical equipment.
Representatives of the Croatian Employers’ Union participate in ILO Program
“Development of Safety and Health at Work” in view of educating their specialists in OSH and
acquainting the employers with the good practice in this field in the EU countries, in the aim of
promoting OSH among the employers in Croatia.
6. The Results Achieved in Safety and Health at Work
6.1. Files and Reports on Injuries and Occupational Diseases at work
The OSH Law commits the employer to send a written report to the Inspection on every lethal
case, or a serious or massive injury (involving two or more workers ) immediately, and not later
than 48 hours upon the accident .In addition to that the employer is also duty bound to inform the
Labor Inspection about all injuries resulting in three or more days of absence from work and
within 30 days upon the accident inform the Croatian Health Insurance Institute, which, on its
part, within 30 days, should inform the Ministry of Labor about every case of occupational
disease. Actually, the Law on Health Insurance and the Rules of Procedure provide for the rights
it guarantees in case of injury at work and \ or an occupational disease (National Gazette no.
32\03). Reporting on the ground of the Law on Health Insurance consists in filling out special
blanks for that purpose.
Regarding professional disease only those from the list of occupational diseases
determined by the Law on Safety and Health at Work are recognized. According to the new Law
on Safety and Health at Work all occupational diseases on the list and all injuries at work will
have to be reported not later then 8 days after the accident, or a confirmed diagnosis of a
professional disease.
At present there is no system for continuous collecting and processing data on injuries at
work and professional diseases. At present this is the task of the Croatian Health Insurance
Institute and the Croatian Institute of Occupational Medicine. There data are collected for
statistical purposes only (on the ground of filled out blanks for injuries at work and occupational
diseases) and are not processed in the way which could have a positive effect on the decrease of
injuries and work and occupational diseases.
According to the new Law on Health Insurance at work collecting and processing data on
all injuries and occupational diseases will have to be reported to the Croatian Occupational
Medicine Institute and the State Inspectorate.
On the ground of processed data it will be possible to organize activities in given
branches with an increased number of injuries at work and cases of occupational diseases. So far,
the expenses of diagnosing an occupational disease were to be covered by the worker himself.
The Croatian Occupational Medicine Institute is of the opinion that due to expenditures the
worker has to bear only 20 to 25% of occupational diseases have been reported so far.
6.2. Statistics relating to occupational accidents and diseases
Indicator Value Unit e.g:
per 100,000
employed or
% or per
million hours
worked
Year Trend
(increasing/
decreasing/
stable)
Fatal accidents 45 3,2 2005 increase
Injury at work (resulting in more than 3
days absence)
24.396 1.742 2005 increase
Compensated workplace accidents * 2005
Commuting accidents 4.316 308,2 2005 increase
Serious work accidents causing
disability of over 30 days
1001 71,5 2005 increase
Notified occupational diseases (total) 79 6/100.000
employed
2005 stabile
Compensated occupational diseases nema
podata
ka
Repetitive strain injuries 9 0,60/100.000
employed
2005 stabile
Noise-induced hearing loss 8 0,53/100.000
employed
2005 stabile
Respiratory diseases 7 0,46/100.000
employed
2005 stabile
Skin diseases 7 0,46/100.000
employed
2005 stabile
6.3. Indicators of working conditions
Indicator widespread
serious
problem
serious
problem
for some
workers
moderate
problem
minor
problem
not a
problem
exposure to noise above legal
limit (please indicate legal
limit)
+
exposure to vibration +
exposure to radiation (ionising) +
exposure to high temperatures +
exposure to low temperatures +
breathing in dangerous vapours,
fumes, dusts, infectious
materials, etc.
+
handling or touching dangerous
substances or products
+
exposure to asbestos +
exposure to pesticides +
inadequate lighting
regular exposure to solar
radiation (e.g. in construction
work)
+
painful or tiring positions +
lifting or carrying heavy loads +
repetitive hand/arm movements +
non-adjustable workstations
(e.g. work bench, desk, chairs,
etc.)
+
working at high speed +
working to tight deadlines +
stressful work +
changing work organisation +
working time +
7. Basic Data on the Republic of Croatia
As of 1991 the territory of the Republic of Croatia spreads over 56.542 km2 with the
population of 4. 439 000. Its Capital city is Zagreb with 700 000 inhabitants. The Republic of
Croatia is divided into 20 administrative districts called “zupanija “ plus the city of Zagreb as a
separate administrative unit.
The official language is Croatian and the languages of the minorities (Italian, Hungarian)
are spoken in the parts where they live in numerous groups.
7.1. Demographic data
Data should be based on figures for 2004. Please use the "Remarks" column if the reference year
is different for any of the data or for such indications as the unit of measure if it is different from
that proposed (e.g. thousand of employed rather than million).
Indicator Value Remarks
Total population (million) 4,439
Men (%) 48,15 %
Women (%) 51,85 %
Labour force (million) 1,720 working
Employed (million) 1,410
Men (%) 55,3 %
Women (%) 44,7 %
Young workers ≤ 18 years old (million
or %)
0,09 %
in agriculture, forestry, fishing (%) 2,6 %
in primary production (%) 0,7 %
in manufacturing (%) 22,3 %
in construction and energy (%) 9,9 %
in services 64,4 % uključuje i javnu upravu
Active in the informal economy (estimated %) 16 %
Unemployed (million) 0,310
Unemployment (%) 18,0 %
7.2. Economic data
Indicator Value Remarks
Gross National Product (GNP) per capita
(USD)
7 944 GNP
Gross Domestic Product (GDP) per capita
(purchasing power parity in USD)
11 626
GDP produced by agriculture (%) 7,0 % 2003.
GDP produced by industry and construction
(%)
29,2 % 2003, including primary
production and energy.
GDP produced by services (%) 63,8 % 2003, including public
administration
Number of enterprises in operation 72 489
Number of SMEs (less than 50 employees) 64 598 2003.
7.3. Health statistics
Indicator Value Remarks
Life expectancy (years) at birth
Men 72
Women 79
Infant mortality per 1,000 live births 6,08
Standardised death rate (SDR), cardiovascular
diseases, 0-64 years/100,000
562,27 blood circulation
diseases
SDR, respiratory diseases, 0-64 years/100,000 65,22
SDR, cancer, 0-64 years/100,000 279,54 of neoplasm
SDR, external causes of injury and poisoning, 0-
64 years/100,000
64,65
Total health expenditure (% of GDP) 7,17 % for primary health care
only
Physicians per 1,000 population 1,84
Dentists per 1,000 population 0,13
Nurses per 1,000 population 5,77 education in secondary
and higher medical
schools
