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Employers do not support the draft regulation on occupational diseases



Disagreement of employers’ organizations

Representative employers’ organizations, members of the Economic and Social Council (ESS), do not support the draft rulebook on occupational diseases. Among other things, the role of the employer is excluded in the entire process of determining an occupational disease.

They request a meeting with the Ministry of Health, and disregarding the comments will be considered a violation of the ESS rules.

As the Chamber of Crafts and Entrepreneurs of Slovenia, the Association of Employers of Slovenia, the Chamber of Commerce of Slovenia, the Chamber of Commerce of Slovenia and the Association of Employers of Crafts and Entrepreneurs of Slovenia point out, the role of the employer in the entire process of determining occupational disease is completely excluded. The interdisciplinary group of experts, which decides on the basis of the documentation that accompanies the application, may conduct interviews with the employer and ask him to complete the documentation or visit, but is not obliged to do so, they stated in the joint press release.

“According to the wording of the proposal for the employer’s regulations on the process of identifying and confirming an occupational disease, it will therefore not be necessary to notify at all, much less to include it in the process. This deprives the employer of the opportunity to actively participate in the process, prepare counter-arguments, evidence and the possibility of challenging the evidence, “ they warned. Employers’ organizations insist that employers, authorized occupational medicine practitioners and safety engineers are informed of the initiation of the procedure and included in the process of determining the occupational disease in each individual case.

Employers also find the method of determining the causal relationship between the workplace and the individual’s clinical picture problematic. They suggest that when determining the causal relationship, the obligation to confirm or exclusion of a causal relationship between the workplace and the resulting clinical picture of the disease, which may also be the cause of other diseases or medical conditions of the worker.

Criteria and regulations

They emphasize that the criteria for identifying and confirming occupational diseases must be adopted and published at the same time and according to the same procedure as the rulebook, or must be an integral part of the rulebook. At the same time, they believe that even before the adoption of the rulebook, the issue of recourse claims should be properly regulated.

The draft rulebook also does not guarantee the employer’s right to appeal against the findings of experts, they warn. Employers’ organizations have already forwarded their comments and concerns to the draft rulebook on occupational diseases to the Ministry of Health. They are requesting an urgent meeting, at which the draft rulebook would be amended accordingly.

“If our comments are not taken into account by the ministry and social dialogue is not established regarding the rules, we consider this a violation of the ESS rules. As a result, this means that social dialogue is at risk,” they warned.

The rules are supposed to come into force in February. Its creation is also the result of the action of the International Labor Organization, which, based on the application of the Association of Free Trade Unions of Slovenia (ZSSS), initiated the procedure for determining the violation last year. According to the ZSSS, Slovenia was a violator of the ratified convention, which obliges it to prepare a rulebook, which, among other things, specifies the procedure for determining occupational diseases.

Source: Rtvslo

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