Serbian National OSH Profile

Transcription

1 Serbia Serbian National OSH Profile Professor Petar Bulat March

2 INTRODUCTION National Profile on Occupational Safety and Health in Serbia has been prepared on the request of the International Labour Office (ILO), Sub regional Office for Central and East Europe in Budapest. The International Labour Office has signed the contract with prof. dr Petar Bulat for the preparation of National OSH profile, according to which Dr. Bulat undertook the obligation to prepare this document in cooperation with social partners. The National Profile has been prepared in accordance with the guidelines provided by ILO. The representatives of the Ministry of Labour, Employment and Social Policy, the Ministry of Health of Serbia, the Institute of Occupational Health of Serbia, the Employers Association of Serbia, the representatives of trade unions, as well as from other institutions in Serbia, have took part in the preparation of this National Profile. Upon of obtaining tasks and guidelines, prof. Bulat had consultations with his collaborators and agreed with them on their participation in preparing the National Profile. Mrs. Vera Božić Trefalt (Director of OSH Directorate) and Mr. Simo Kosić (OSH Directorate) gave special contribution in its preparation offering their extraordinary knowledge of the problems in this filed and especially regulatory issues and helped a great deal in incorporation of all relevant laws and regulations into this OSH Profile of Serbia. A significant contribution in the preparation of the Profile was also given by Mrs. Živka Đurić (Assistant to the Minister for Labour, Employment and Social Policy in charge for Labour Inspection), Mrs. Tanja Vukmirović (Labour Inspection), Mrs. Marijana Sofilj (Labour Inspection) and Mr. Rajko Barać (Labour Inspection), who provided data on the Labour Inspection performance as well as a part of the data on occupational accidents. The National Profile chapter dealing with occupational accidents would not be complete without the contribution of dr. Tanja Stanković (The Institute for Public Health of Serbia Dr Milan Jovanović Batut ). The comments of prof. dr Milan Pavlović (Director of the Institute for Occupational Health of Serbia) have improved the whole report and especially the chapter dealing with occupational health service activities. Mr. Marijan Zović (the Secretary General of the Employers Association of Serbia) gave an extraordinary contribution in furnishing necessary structure and regulatory basis into the National Profile. His critical notes to the draft document improved a great deal the quality of final report. Mr. Slavoljub Luković (the Secretary General of the Association of the Trade Unions in the Branch Nezavisnost ) presented in details trade unions' point of view regarding actual OSH situation in Serbia. His constructive criticism during debate on the draft document initiated active participation of other participants in the debate to a great extent. The assistance of Mrs. Olivera Momčilović (The Institute for Statistics of the City of Belgrade) resulted in all relevant statistical data concerning the population in Serbia to be incorporated into the report. The collaborators from the Institute for Occupational Health of Serbia, dr Mirjana Čabarkapa, Dušica Ristić, dr Veselin Govedarica and dr Martin Popević, gave great contribution in preparing the National Profile, and without their efforts the preparation of the National Profile would be more difficult and more complicated. The authors hope that the National Profile will provide better recognition of specificities of OSH system in Serbia. We also hope that this document will constitute a good basis for preparation of similar publications in future. We believe that this document will also provide better understanding of the problems in this field to the readers in Serbia, since it integrates information from various sources into only one document. In Belgrade, 15th of April 2007 The Authors 2

3 1.1. Occupational Safety and Health in the Constitution of the Republic of Serbia The rights for respecting dignity of a person at work, safe and healthy working conditions, and necessary protection at work are granted by the Constitution of the Republic of Serbia ( Official Gazette of the Republic of Serbia, No. 83/06). Women, young workers and disabled persons are granted special protection at work and special working conditions. The Constitution prescribes that the Republic of Serbia should set up and provides the OSH system OSH Law OSH Law ( Official Gazette of RS, No. 101/05) regulates OSH system in the Republic of Serbia. By bringing the OSH Law, the harmonization with ratified ILO Conventions and Framework Directive 89/391/EEC was carried out, as well as with special Directives deriving from the Framework Directive, so that all guidelines originating from them were accepted in the proportion and form adjusted to national conditions. Apart from this Law, regulatory framework of OSH system is integrated by sub-acts: Book of rules on programme, manner and costs of passing; license exam for carrying out OSH duties and duties of the person in charge ( Official Gazette of RS, No. 29/06); Book of rules on the conditions and costs for issuing licenses for carrying out OSH duties ( Official Gazette of RS, Nos. 29/06 and 72/06); Book of rules on costs of the procedure for determining whether prescribed OSH conditions have been met ( Official Gazette of RS, No. 60/06); Book of rules on the procedure of determining whether prescribed OSH conditions have been met ( Official Gazette of RS, No. 60/06); Book of rules on manner and procedure of risk assessment at work place and working environment ( Official Gazette of RS, Nos. 72/06 and 84/06-correction); Book of rules on contents and manner of issuing occupational accidents, occupational diseases and work related diseases report forms ( Official Gazette of RS, Nos. 72/06 and 84/06); Book of rules on inspection procedure and testing of working equipment and working environment conditions ( Official Gazette of RS, Nos. 94/06 and 108/06). Proposal of the Book of rules on OSH keeping records in course of publishing in Official Gazette ; Proposal of the Book of rules on preliminary and periodical medical surveillances of the employees working on high-risk workplaces; Draft of Decree on OSH measures in construction industry. Provisions of this Law are implemented in all activities, except in case that the Law defines measures for OSH enforcement when carrying out specific activities in certain sectors (specific activities of the army in war conditions, or the police during intervention, individual agriculture producers), and the exception is made for the persons employed with an employer for carrying out duties of support staff at home. The Law defines persons (and their capacity) who have the right to enjoy occupational safety and health, as well as those categories of workers having special rights, obligations, and stipulates the OSH measures to be applied in case of young workers, women carrying out activities at high-risk workplaces, disabled persons and workers suffering from occupational diseases. 3

4 The essential objective of regulatory approach in OSH field is prevention of occupational accidents, occupational diseases and work related diseases. The Law stipulates that preventive measures should be provided for by implementation of contemporary technical, ergonomic, health, educational, social, and organisational and other measures and means for elimination of risks causing accidents and health damage of the workers, and/or their minimization. The Law prescribes obligations of employers and employees in prevention of occupational accidents, occupational diseases and work related diseases. Employer is obliged to provide conditions for employee to carry out his/her duties at workplace where OSH measures have been applied. Apart from employers' and employees' general principles and duties, the Law prescribes also measures for specific circumstances, such as situations when two or more employers share the same working facilities or engaging employees with another employer. The Law promotes cooperation between employer and employees in OSH activities. It should be emphasized that such cooperation does not release either employer or employee from their obligations to implement all provided preventive measures. OSH Law provides for legal protection in this field to every person found in any production or other working process. According to the OSH Law, when providing preventive measures, employer should start with the following principles: Avoiding risks; Assessment of risks that cannot be avoided at workplace; Risk elimination at its source; Adjustment of working activities and workplace to employees; Change of hazardous technological processes by safe or less hazardous ones; Giving priority to collective and not individual OSH measures; Appropriate training of employees for safe and healthy work. This provision of preventive measures must not incur financial obligations for employees and employees' representatives. Apart from these obligations, employer is obliged to: Bring a risk assessment act; Keep employees and their representatives informed about the introduction of new technologies as well as of hazards that may endanger their safety and health in case of introduction of the same, and issue appropriate instructions for safe work in such cases; Train employees for safe work; Provide personal protection equipment; 4

5 Provide maintenance of working devices and personal protection equipment in order to be kept in good order; Engage occupational health service for preliminary and periodical medical surveillance of employees; Engage license services for carrying out testing of working environment conditions as well as preliminary and periodical inspection and testing of working equipment; Provide first aid and training of employees for giving first aid; Stop any kind of work, which presents immediate danger to life of health of employees Regulations covering directly essential aspects of OSH Labour Law («Official Gazette of RS», Nos. 24/05 and 61/05) regulates very significant fields linked with OSH. In its first part, the Law regulates the relationship between the employer and the employees through collective agreement, i.e. through the Book of rules on labour, if the collective agreement has not been signed due to legally defined reasons. In the part defining the relationship between the employer and the employees, it is pointed out that collective agreement i.e. Book of rules on labour must not contain provisions that grant less rights to the employees or stipulate more unfavourable working conditions from the rights and conditions defined by the law. Labour Law emphasizes that these acts may stipulate even greater rights than those defined by the law, except if otherwise provided by the law. Labour Law stipulates the rights and obligations of the employees and, according to it, the employee is granted the right to appropriate earnings, safety and protection of life and health at work, health protection, the protection of personal integrity and other rights in case of illness, reduction or loss of working capability and age. The employee is obliged to respect working and business organisation with the employer, as well as to inform the employer on any kind of potential hazard jeopardizing life and health of the employees and occurrence of material damage. The law prohibits direct and indirect discrimination of persons looking for a job, as well as of employees in view of the gender, birth, language, race, skin colour, age, pregnancy, health condition, i.e. disability, national affiliation, denomination, marital status, family obligations, sexual orientation, political or other conviction, social background, income status, membership in political organisations, trade unions or other personal characteristics. The law provides that the employer may establish employment relations only with the persons older than 15 years of age. In addition, if a person is younger than 18 years of age, the employment relation may be established only with parents' written approval and under the condition that such labour does not jeopardize his/her health, morality and education, namely if such labour is not prohibited by the law. According to Labour Law, persons under the age of 18 are not allowed to perform the duties including: Especially hard physical work; Working under ground, under water or at considerable heights; 5

6 Exposure to harmful radiation or poisonous, carcinogen materials or those which cause hereditary diseases; Health-related risk due to cold, warmth, noise or vibrations; Work longer than 35 hours a week, i.e. 7 hours a day; Work at night. Apart from the protection of persons younger than 18 years, Labour Law provides for that persons younger that 21 years may carry out especially hard physical activities, activities under ground, under water or at considerable height only with special findings of competent health institution which rules out the possibility that such activities are harmful for their health. Labour Law prescribes that pregnant workers are not allowed to carry out activities harmful for her and child's health, especially not at workplaces requiring lifting of heavy loads, or workplaces where she is exposed to harmful radiation, extreme temperatures and vibrations. Labour Law also prescribes that overtime and work at nigh are prohibited for pregnant workers during last 8 weeks of pregnancy. This Law prohibits overtime and work at nigh during the first 32 weeks of pregnancy if such work would be harmful for pregnant worker or a child. The Law requires a written consent for overtime and work at night from parents having children up to 3 years of age. Labour Law emphasizes that full working time is 40 hours per a week and that General Act may define even shorter working time, but not less than 36 hours per a week. The Law provides for that working time may be shortened proportionally to the risk at high-risk workplaces even though appropriate OSH measures have been implemented, and at the most 10 hours a week. It is also stipulated that employee is obliged, on the request of employer, to work longer than full working time (in case of vis major, sudden increase of the volume of work and in other circumstances when it is necessary to finalize unplanned job in certain period of time). Overtime cannot last longer than eight hours a week or four hours a day per an employee. Labour Law regulates employee s daily rest and for employees working full working time it is 30 minutes at least, and for employees working longer than four and less than six hours a day, daily rest is 15 minutes at least. For employees working longer than full working time daily rest is 45 minutes at least. Daily rest is calculated as working time. Labour Law prescribes that employee enjoys the right for 23 hours rest between two consecutive working days as well as the right for weekly rest of 24 hours continuously. Annual vacation for employees is 20 working days at least (working week is calculated as five days week). It is prescribed that the duration of vacation prolongs the basis of contribution at work, working conditions, working experience, employee's professional skills and other criteria defined by General Act or employment contract. According to Law on Health Protection ( Official Gazette of RS, No. 107/05), a very important role in the whole health protection system is given to employer. Employer is obliged to organize and provide for health protection of employees from his/her own resources for the purpose of creating conditions for responsible behaviour when health is in question and for health protection of employees at workplaces. This health protection includes at least the following: 1. medical surveillances for determining employee's capability for work; 2. carrying out measures for prevention and early identification of occupational diseases, work related diseases and prevention of occupational accidents; 6

7 3. preventive medical surveillances of employees (preliminary, periodical, control and targeted surveillances); 4. informing of employees of health-related measures of protection at workplace; 5. provision of sanitary-technical and sanitary conditions; 6. other preventive measures (non-obligatory vaccination, non-obligatory systematic medical examinations), in accordance with employer's General Act; 7. monitoring of working conditions and safety at workplace, as well as occupational risk assessment for the purpose of improvement of working conditions and ergonomic measures, by adjusting of working activities to psycho-physiological capabilities of employees; 8. monitoring of getting ill, injuries, absenteeism and fatalities, especially when occupational diseases, work related diseases and occupational accidents are in question; 9. participation in organisation of work and rest regime of employees, as well as in evaluation of new equipment and new technologies from medical and ergonomic point of view; 10. carrying out measures for improving health of employees exposed to health-related risks during working process, including sending of employees to health-preventive activities and rest; 11. giving first aid in case of occupational accident and provision of conditions for urgent medical interventions. In addition to precise defining of employer's role in health protection system, the Law also defines duties of the Institute of Occupational Health of Serbia. The duties of this Institute are as follows: Monitoring and studying of working conditions; Monitoring of epidemiological situation in the field of occupational diseases, work related diseases and occupational accidents and suggesting measures for their prevention and elimination; Planning, organisation, implementation and evaluation of measures, activities and procedures in the field of occupational health protection; Defining of scientific-medical and doctrinaire attitudes in the field of occupational health, health promotion and offering of scientific-methodological assistance in their implementation; Promotion, coordination and organisation of activities within health institutions in OSH field; Defining of unique methodology and procedures in programming, planning and implementation of preventive measures in workers' protection; Introduction and testing of new medical technologies, as well as implementation of new methods of prevention, diagnostics, treatment and rehabilitation in the field of occupational health; Monitoring of contemporary accomplishments in the field of occupational health organisation and suggesting health-related standards for improvement and development; Studying of occupational risks factors as well as their identification, qualification and evaluation; Carrying out medical and other examinations and measurements in connection with ionising and non-ionising radiation in health protection, that is radiological health protection; 7

8 Carrying out scientific-medical procedures and activities related to identification of highrisk workplaces, namely activities for which insured years of service are calculated with increased duration; Examination and carrying out preventive medical surveillances of workers at high-risk workplaces; Proposing and implementation of criteria for evaluation of capabilities for driving motor vehicles; Estimation of working capabilities of employees suffering from occupational diseases, work related diseases and consequences of accidents at work and out of work. Law on Pension and Disability Insurance ( Official Gazette of RS, Nos. 34/03; 64/04; 84/04; 85/05 and 101/05) has defined compulsory insurance and compulsory insurance of persons, namely the insured and their rights. This Law defines persons who realize the same rights as the insured in case of disability and physically injuries caused by occupational accident or occupational disease. In such cases, the rights from compulsory pension and disability insurance enjoy: Persons who, in accordance to the law, carry out temporary and periodical jobs through youth cooperatives until 26 years of age; Persons who are at skill trainings, additional qualifications or retraining, sent by the organisation in charge for employment; Pupils and students being, in accordance with the law, at compulsory production work, professional practice or practical lessons; Persons who serve time in jail while working in economic unit of the institution for serving time (workshop, work site and so on) and at other places of work; Persons who, in accordance with the regulations, carry out certain activities on the basis of voluntary work agreement. Law on Pension and Disability Insurance defines occupational accident as well as other situations when injury is considered as occupational accident. According to this Law, injuries of the insured are recognized in the following situations: When carrying out duties he/she was not appointed for, but carries them out in the interests of employer he/she is employed with; On regular trip from home to workplace and vice versa, on business trip and trip made for commencing work; In connection with realizing the right to health insurance on the basis of occupational accident and occupational disease. Law on Pension and Disability Insurance also defines special situations when injury of the insured is considered as occupational accident. Those situations are: Rescue operations or protection from the elements or calamities; Military drills or carrying out other obligations in the field of country defence; Working camps or competitions (production, sports and so on). Occupational diseases are defined by the Law as certain diseases developed during insurance, caused by long immediate exposure to working process and working conditions, that is by the activities performed by the insured. Conditions for recognition of occupational diseases and occupational diseases list are given in the Book of rules on Defining of Occupational Diseases 8

9 ( Official Gazette of RS, No. 105/03). According to the Book of rules, 56 diseases may be recognized as occupational diseases. As the Book of rules defines closed list of occupational diseases, there is no possibility occupational disease that is not on the list to be recognized as occupational disease. Law on Pension and Disability Insurance provides for the insured to acquire the right to disability pension in case of complete loss of working capability caused by occupational accident or occupational disease, regardless of the duration of insured years in service. 1. The Law provides for that for certain categories of the insured, the insured years of service should be calculated with increased duration. According to the Law on Pension and Disability Insurance, the insured years in service with increased duration are calculated in case of the insured who perform especially hard work, who works at hazardous workplaces, as well as the insured who carries out duties which after certain age cannot be carried out professionally. Degree of increase of insured years of service depends on the hardship, danger and damaging effect at work, namely depends on the nature of activities, and may be 50% at the most. Book of rules on workplaces, that is duties for which insured years of service are calculated with increased duration ( Official Gazette of RS, Nos. 105/03, 126/04, 93/05, 3/07 and 8/07) regulates workplaces for which insured years of service are calculated with increased duration and degree of increase. Laws or regulations covering aspects of OSH but issued under other Ministries Apart from already mentioned regulations that regulate OSH field, it is important to mention also the following regulations: Law on Protection from Ionising Radiation ( Official Gazette of the Socialist Republic of Yugoslavia, No. 46/96 and Official Gazette of the Republic of Serbia, No. 85/05); Law on Farmlands ( Official Gazette of RS, No. 62/06); Law on Mining ( Official Gazette of the RS, Nos. 44/95, 85/05, 101/05 and 34/06); Law on Yugoslav Army ( Official Gazette of SRY, Nos. 43/94, 28/96, 44/99, 74/99, 3/02, 37/02 and Official Gazette of Serbia and Montenegro, Nos. 7/05 and 44/05); Law on Organic Production and Organic Products ( Official Gazette of RS, No. 62/06) National OSH Policy OSH Committee has adopted national OSH policy. It will contribute to national development of OSH system, encourage education and development of labour culture in OSH field, with the end objective - reducing occupational accidents, occupational diseases and work related diseases. The basis for preparing National Policy was found in provisions of Art. 4 to 7 of ILO Convention No. 155 on Occupational Safety and Health in working environment, 1981, provisions of Art. 3 of revised European Social Charter from 1996 and C 187 Convention on OSH Promotional Framework, These documents define that a unique National OSH Policy 1 In other cases at least insured five years service are required. 9

10 has to be formulated, implemented and reviewed periodically in consultations with representative social partners. The objective of this policy is improvement and preserving the health of work active population, promotion of working conditions in order to prevent occupational accidents and occupational diseases and minimizing them as much as possible, that is elimination of occupational risks. The National Policy contains the vision, with purpose and direction of future OSH system development in the Republic of Serbia and the mission, with the orientation to reduce occupational accidents and occupational diseases and to approach SEMs, high-risk sectors and especially vulnerable groups of employees. Policy Vision should contribute to balanced social-economic development and progress of the Republic of Serbia meeting OSH regulations completely in order to raise awareness in this field, that is establishment of working culture and creation of preconditions for welfare and better life and healthy quality at work. Policy Mission is based on establishment of safe and healthy working conditions that provide reduction of occupational accidents, occupational diseases and work related diseases to the greatest possible extent. The mission is directed mostly to SMEs realizing the presumptions for better implementation of prescribed OSH measures. High-risk sectors (construction industry, wood-processing, chemical industry, agriculture and so on), as well as especially vulnerable groups of employees (pregnant workers, young people and others) will be specially treated through campaigns, education and so on. The mission of the National OSH Policy will emphasize particularly the significance of: Promotion of the development of national preventive culture in OSH field (raising awareness and informing the public); Prevention of occupational accidents, professional disease and work related diseases by reducing risks at workplaces and working environment to minimum in accordance with the law and practice. Basic elements of National Policy are: Establishing, maintenance, progressive development and periodical reviewing of OSH system in consultation with representative employers' and employees' organisations; Bringing the laws, sub-acts, collective agreements and other legal OSH instruments; Introduction of special occupational accidents and occupational diseases insurance; Education of appropriate authorities (government, employers and employees) responsible for OSH in accordance with the law and practice; Defining priorities in solving OSH problems in: o SMEs, 10

11 o High-risk sectors (construction industry, chemical industry, agriculture and so on), o Especially vulnerable categories of workers (women, children, young workers, migrants, work at home). Adoption of mechanisms and procedures for implementation of OSH regulations (integrated Labour Inspection); Promotion and cooperation in OSH field at all levels of employers', employees' and government organisation (Employers' Association, trade unions, inspection, pension and disability insurance fund and health insurance fund, and so on); Offering initiatives for introduction of legal presumptions in the form of defining financial and budget resources for OSH; Cooperation with NGOs in OSH field; International cooperation Summary Do regulations exist for the effective protection of workers against hazardous processes, machinery and equipment and hazardous chemicals, physical and biological agents, relating to: No Applied? - identification and determination of occupational In course hazards? - prohibition, limitation or other means of reducing exposure? - assessment of risks? In course - prohibition or limitation of the use of hazardous processes, machinery, substances, etc? specification of occupational exposure limits? - surveillance and monitoring of the working environment? - notification of hazardous work, and related authorisation and licensing requirements? - classification and labelling of hazardous substances? (in competence of environment) - provision of data sheets? (in competence of environment) - provision of personal protective equipment? - safe methods for handling and disposal of hazardous waste? (in competence of environment) - working time arrangements? - adaptation of work installations, machinery, equipment Poorly applied and processes to the capacities of workers (ergonomic 11

12 factors)? - design, construction, layout, maintenance of workplaces and installations? - provision of adequate welfare facilities? Poorly applied 1.7. Situational analysis and recommendations New OSH Law is a very modern law and presents an excellent basis for the development of OSH system in Serbia. Accompanying regulations integrate OSH system to a large extent. Since the Law was adopted in November 2005, experience from its implementation is relatively limited, but the problem of implementation of regulations has been noted. This problem is not a new one example of not compliance to the obligation of measuring damaging effects in working environment. That obligation was incorporated in the previous Law, but certain employers neglected this obligation. The problem of undeveloped social dialogue has been emphasized. Example OSH authority, founded 3 years ago within Socio-Economic Council, never had any meeting. In contrast to this example, the activities of OSH Committee, OSH Directorate and Labour Inspection have been emphasized as positive example of social dialogue. 2. Compliance with international standards 2.1. Incorporation of requirements of international standards into national law and practice. OSH Law is harmonized with Directive 89/391/EEC and ratified ILO Conventions. The implementation of the law is now in course so that legal gaps have not been observed yet. OSH Directorate plans harmonization until 2006 with: EU Directive 92/57/EEC on minimum requirements for safety and health on temporary or mobile construction sites; EU Directive 89/654/EEC on minimum safety and health requirements for the workplace; EU Directive 89/655/EEC on minimum safety and health requirements when using work equipment by workers at workplace; EU Directive 89/656/EEC on minimum safety and health when using personal protective equipment by workers at workplace; EU Directive 98/24/EC on minimum safety and health of the workers using chemical agents at workplace Summary Degree of compliance with ILO OSH Conventions Convention No.: 155 on Occupational safety and health, 1981 ratified Provisions incorporated in national law Provisions used as guidance Intention to ratify in near future 12

13 161 on Occupational health services, on Labour inspection, on labour inspection (Agriculture) on Radiation protection, on Guarding of machinery, on Maximum weight, on Benzene, on Occupational cancer, on Working environment (Air pollution, noise and vibration), on Asbestos, on Safety & health in construction, 1988 No Implemented through book of rules 170 on Chemicals, on Prevention of major - - industrial accidents, on Safety and health in - - Mines, on Safety and health in agriculture, Degree of compliance with EU Directives requirements transposed entirely 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 2000/54/EEC on biological agents partially transposed requirements used as guidance intention to transpose in near future 13

14 92/58/EEC on safety signs 92/85/EEC on pregnant workers 92/91/EEC on mineralextracting industries (drilling) 92/104/EEC on mineral extracting industries 93/103/EEC on fishing vessels 98/24/EC on chemical agents 92/57/EEC on temporary or mobile construction sites 2002/44/EC on physical agents - vibration 2003/10/EC on physical agents - noise 91/383/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 In course 2.3. Situational analysis and recommendations In view of actual situation in OSH field, it can be noted that this field is not harmonized with EU Directives yet. OSH Directorate plans harmonization until When analysing actual situation one can find out that there is a strong will among the experts in OSH field for harmonization with international standards and regulations. 3. Organisational frameworks and enforcement mechanisms 3.1. Competent authorities for OSH The OSH Directorate was constituted in January 2006 in accordance with Law on State Authorities ( Official Gazette of RS, No. 79/2005) and provisions of OSH Law, within the Ministry of Labour, Employment and Social Policy of the Republic of Serbia. OSH Law has defined the duties of OSH Directorate. According to the Law, duties of OSH Directorate are: 1) Preparation of regulations in OSH field, as well as views for their implementation; 2) Preparation of expert basis for development of national OSH programme and monitoring of its implementation; 14

15 3) Monitoring and evaluation of OSH situation and preparing the viewpoints for unique regulation of OSH measures which are the subject matter of this Law and other regulations; 4) Research and encouragement of the developments in the field of labour humanization; 5) Offering expert assistance to employees in OSH field; 6) Preparing of methodology for carrying out surveillance and investigations in OSH field; 7) Study of causes and phenomena resulting in occupational accident, professional disease and health damaging at work; 8) Organisation of passing license exams; 9) Inspection of regularity in the activities of legal entities and entrepreneurs as persons in charge with license; preparing proposals of decisions for issuing and revoking licenses; keeping records on these processes; 10) Collecting and analysing data on occupational accidents, occupational diseases, work related diseases and phenomena having influence on employees' health; 11) Carrying out activities in the field of OSH information-documentation; 12) Organisation of conferences, education of employees, employers, persons in charge of OSH issues, inspectors and others, publishing of various materials and informing the public on the situation in OSH field; 13) Taking care of implementation of international OSH acts; 14) Stimulation of education and development of labour culture in OSH field. It should be emphasized that in the process of passing laws linked with OSH in any way, the proposer has to ask Ministry of Labour, Employment and Social Policy, that is OSH Directorate, for the opinion. In the process of passing regulations in OSH field, the Ministry of Labour, Employment and Social Policy, namely OSH Directorate, are obliged also to obtain opinions of other inetrested Ministries. The representative from OSH Directorate participates among other representatives in bringing harmonized standards within the Institute for Standardization of Serbia Labour Inspection Services Description Labour Inspection Service is organized within the Ministry of Labour, Employment and Social Policy as Labour Inspection Sector, managed by the Assistant to the Minister. Labour Inspection Sector has in total 28 units in the administrative districts including the City of Belgrade and two units in Labour Inspection Headquarters, dealing with second instance procedures in the field of employment relations and occupational safety and health. Labour Inspection Sector of Serbia has not been formed as Labour Inspectorate yet. Law on State Administration, Labour Law and Law on Employment Relations in State Authorities regulate authorities and duties of Labour Inspection. The scope of the activities of Labour 15

16 Inspection includes inspection supervisions in the field of employment relations and occupational safety and health. 322 inspectors are employed in Labour Inspection Sector with the status of civil servants and all of them with university degree. The Book of rules on Internal Organisation and Systematisation of Work Posts defines the number and the structure of working posts, like in other state authorities. Person carrying out inspection activities has to meet the following conditions: University degree Citizenship of the Republic of Serbia Three years of working experience License exam for carrying out activities in state administration. Persons who meet the above mentioned conditions are employed in state authoritis on the basis of the Act on Selection, that is theay are posted to the function. Labour inspectors may be promoted by acquiring a higher position. Performance of employees is evaluated once a year, in accordance with Law on Civil Servants and Decree on Evaluation of Civil Servants, for the purpose of determination of the existence of conditions for promotion, namely monitoring of civil servants performance quality. Competence of Labour Inspection Service Labour inspector carries out the supervision over the implementation of Labour Law, other regulations on employment relations, general acts and employment contracts, which regulate rights, obligations, and responsibilities of employees. OSH labour inspector carries out supervision over the implementation of OSH Law, regulations brought on the basis of this Law, technical and other measures relating to occupational safety and health, as well as over implementation of OSH measures prescribed by employer s General Act, collective agreement or employment contract. In accordance with their authorities, labour inspectors evaluate the need for inspection supervision in enterprises, depending on specificity of the activities of that enterprise. In addition to that, inspection supervision is also carried out during nonregular inspection supervision and during inspection supervision campaigns in certain sectors. For the purpose of prevention and provision of compliance with the law, Labour Inspection Sector and labour inspectors offer advices to employers and employees, inform and warn them, and during and after inspection visits, they point to the possibility of sanctions due to noncompliance with legal obligations and do their utmost in improvement of compliance with regulations. During interventions, behaviour of Labour Inspection is both preventive and repressive. Inspection supervision may be initiated in two ways: In the line of duty and 16

17 Upon requirement of a party. In carrying out inspection supervision in both cases, labour inspector has authorities to inspect general and individual act and other documentation, interrogate and interview persons in charge or present persons with employer, as well as trade union representative and makes report about that. At the same time, labour inspector inspects business facilities in order to find out the state of working conditions of employees. He/she considers the citizens complaints on violation of the law and general acts by the employer or make decisions immediately on the basis of parties requirements. If labour inspector finds out that the violation of the law, general act or employment contract is in question, he/she orders their elimination by his/her decision. The decision contains precise activities and procedures employer has to take. Labour inspector is authorized by the law to pronounce mandatory fines in cases provided for by the laws. Depending on severity of violation measures not implemented by employer, labour inspector files complaint to competent authority for criminal act or economic offence and submits request to Justice of the Peace. Legal measure, among others, available to labour inspector for combating incriminated employer s activities, is also temporary prohibition of carrying out employer s activities. That legal measure is pronounces by a decision (in case of jeopardizing life or health of employees). If labour inspector is informed about fatal, severe, collective or occupational accident that causes absence from work longer than 3 days, he/she is obliged to carry out inspection supervision as a matter of urgency at spot and take appropriate measures for elimination of causes that led to occupational accident. Findings from spot are entered into the report, a copy of which is given to employer and competent state authorities. In case of party s requirement for protection of its subjective rights in the procedure of receiving dismissal, Labour Inspection is authorized to postpone the execution of employer s decision on that dismissal, which according to legal nature represents temporary measure, having in mind that such execution is postponed until the legal validity of court decision. Within his/her authorities, labour inspector may pronounce and execute mandatory fine, while for more severely qualified violations of the law, he/she submits proposal for starting criminal proceedings if has at his/her disposal enough arguments for providing real punishment and if it is in public interest. Misdemeanour punishments are exclusively pronounced by Justice of the Peace. The amounts collected by mandatory fines, are transferred to the Budget of the Government of Serbia. OSH Fund does not exist. The most serious problems Labour Inspection meets every day are inadequate communication of the parties with labour inspectors in the procedure of inspection supervision, lack of transportation means for labour inspectors, insufficient technical equipment (laptops, digital cameras and so on). As for politics and directives in domain of labour inspection, they are created by the Assistant to the Minister in Labour Inspection Sector. Intensive actions in combating illegal labour and reduction of occupational accidents are planned for the year When working organisation in this Sector is concerned, formation of a special organisational unit Labour Inspectorate is planned for 2007, by introduction of ILO methodology for improvement of the activities in SMEs sector. As an organisation, Labour Inspection Service also offers advices on all laws in the field of labour. In carrying out administrative procedure, Labour Inspection method may be preventive or repressive, and as for the type of supervision, labour inspection carries out either complete supervision or partial one, depending on the party s requirement or concrete case. 17

18 Case Study Procedure rule in Labour Inspection activities is that planned visit to employer is unannounced, for the purpose of determination of caught in the act state, which is only relevant for labour inspector s decision. However, legal nature of the visit requires sometime the need for announced visit to employer, in order he/she is able to prepare all relevant documentation, that is legal acts, which will be the subject matter of the inspection and decision making. The Ministry bears all travel costs in all cases, meaning that labour inspectors may use means of public transportation, official or personal car. According to the rule at least two labour inspectors go for a visit due to the volume of the activities to be carried out with employers employing several hundreds of workers. Time for carrying out their activities completely is undefined, which means that it may be prolonged even upon expiration of working time Summary of Labour Inspection Services Total number of staff in labour inspection services 322 Number of inspectors 307 HQ versus total staff (%) 4.3% OSH versus employment inspections (e.g. 100:0, 43.7: :50, 45:55...) Percentage of economically active population 25 covered by labour inspection services Inspectors/1,000 enterprises 1 Inspectors per 1,000 employees 0.16 Inspections/1,000 workers/year 30 Visits by one inspector per year 300 Inspectors per computer 5:1 Internet access? 36:1 Inspectors per office car 8.2:1 Own car used? YES Own car use remunerated? NO Inspector salary versus minimum wage (number of 3.15 time more than minimum wage) Inspector salary versus private sector salary (worse, Worse same, better?) Average age of inspectors 45 years of age Annual report produced for public (yes/no) YES 18

19 ORGANIGRAM OF LABOUR INSPECTION SECTOR Labour Inspection Sector ASSISTANT TO THE MINISTER Division for study-analytical activities, normative activities and inspection Division for second instance procedure E E C U T O R S E E C U T O R S Engineers 4 Lawyers 7 Lawyers 2 Administrative Economists 1 officers 1 Total: 8 Total: 8 Sections within Administrative Districts Labour inspectors 327 Administrative officers 6 Total: 333 North Bačka - Subotica Total: 8 Middle Banat - Zrenjanin Total: 8 North Banat - Kikinda Total: 8 South Banat - Pančevo Total: 9 West Bačka - Sombor Total: 8 South Bačka Novi Sad Total: 22 Srem S. Mitrovica Total: 9 Mačva - Šabac Total: 12 Kolubara - Valjevo Total: 9 Danube-region - Smederevo Total: 9 Braničevo - Požarevac Total: 8 Šumadija - Kragujevac Total: 13 Morava-region - Jagodina Total: 8 Bor - Bor Total: 8 Zaječar - Zaječar Total: 8 Zlatibor - Užice Total: 17 19

20 Moravica-region - Čačak Total: 1 Raška - Kraljevo Total: 13 Rasina-region - Kruševac Total: 9 Nišava-region - Niš Total: 24 Toplica-region - Prokuplje Total: 8 Pirot - Pirot Total: 8 Jablanica-region - Leskovac Total: 8 Pčinja-region - Vranje Total: 8 City of Belgrade 1 Total: 22 City of Belgrade 2 Total: 23 City of Belgrade 3 Total: 22 Kosovska Mitrovica K. Mitrovica Total: 8 Qualification gender structure of civil servants employed for indefinite time in Labour Inspection Sector: Employees Total Women Men Lawyers Engineers Economists 2 / 2 Physicians 1 1 / T o t a l: Occupational Health Services Description Occupational Health as multidisciplinary field is directly and indirectly connected with several Ministries within the Government of Serbia. The most direct connections exist with the Ministry of Health and Ministry of Labour, Employment and Social Policy. In addition to these two Ministries, occupational health is also connected with the Ministry for Capital Investments as well as with the Ministry of Science, Technology and Environmental Protection. 20

21 As a part of health-related system, occupational health is in competence of the Ministry of Health of Serbia, which defines: Scope of activities of occupational health services Organisation of occupational health services Conditions for carrying out activities in this field on various levels The Ministry of Health controls fulfilment of the conditions for carrying out activities and issues licenses for starting the work. The Ministry of Health also performs expert inspection of the activities of occupational health services through its authorized institutions and individuals. As already mentioned, the Ministry of Labour, Employment and Social Policy is competent for bringing regulations in OSH field. Having in mind that the largest part of the activities of occupational health has been defined by that Law and book of rules resulting from it, it is clear that occupational health relies on the Ministry of Labour, Employment and Social Policy and OSH Directorate. In addition to direct connections with the Ministry of Health, occupational health relies on the activities of the Ministry of Labour, Employment and Social Policy and especially on OSH Directorate to a great extent. This results from the fact that largest part of the activities of occupational health is defined by OSH Law and book of rules resulting from the same: Book of rules on the manner and procedure of risk assessment at workplace and in working environment ( Official Gazette of RS, Nos. 72/06 and 84/06-correction); Book of rules on contents and manner of issuing occupational accident, occupational disease and work related disease report form ( Official Gazette of RS, Nos. 72/06 and 84/06); Proposal of book of rules on keeping records in OSH field in phase of publishing in Official Gazette ; Proposal of book of rules on preliminary and periodical medical surveillances of employees at high-risk workplaces. Apart from OSH Law, the Ministry of Labour, Employment and Social Policy also proposes regulations in the field of pension and disability insurance that regulate to a great extent the activities of occupational health services. Occupational health is also connected with the Ministry for Capital Investments (in charge of traffic) by book of rules regulating health-related conditions for work in traffic sector. In addition to prescribing conditions for carrying out scientific-research activities, the Ministry of Science, Technology and Environmental Protection also prescribes health-related conditions for carrying out activities within the zone of ionising radiation (Law on Protection from Ionising Radiation ( Official Gazette of SRY, No. 46/96 and Official Gazette of RS, No. 85/05)), so that there is a very clear connection with this Ministry, too. Occupational health in Serbia is in transition procedure at the moment transformation from an old model, unity of prevention and treatment, to a new model, which is based dominantly on preventive action. Actual model - unity of prevention and treatment implies that, besides preventive actions, the occupational health professional is dealing with the treatment of employees. During a long period of time this model evolved to focusing on treatment of employees. Estimation of MMF experts outlines that in 2003 the activities of occupational health 21