N AT I O N A L O C C U PAT I O N A L S A F E T Y A N D H E A LT H P R O F I L E R E P O R T HEALTH REPRORT

Transcription

1 N AT I O N A L O C C U PAT I O N A L S A F E T Y A N D H E A LT H P R O F I L E R E P O R T MACEDONIAN OCCUPATIO NAL SAFETY AND HEALTH REPRORT

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3 NATIONAL OCCUPATIONAL SAFETY AND HEALTH PROFILE REPORT MACEDONIAN OCCUPATIO NAL SAF ETY AND HEALT H REPRORT A B S T R A C T Occupational Safety and Health; Macedonia, South-East Europe; Constitution, Legal framework; OSH Law; other OSH regulations; Occupational Health Services; Labor Inspectorate Law; National OSH program; SWOT analysis; Compliance with international standards; ILO Conventions; EU Directives Labour Inspector Services; Case study; Occupational Health Services; Other Agencies; Compensation schemes; OSH Information; Specialized OSH Institutions; Social Partners; OSH activities; Statistic F O R E W O R D The National Occupational Safety and Health (OSH) Profile of the Republic of Macedonia has been prepared at the request of the International Labour Office (ILO), Budapest office (ILO-CEET). This is first such document prepared and gives overview of the summarized OSH situation in the Republic of Macedonia. For the preparation of this document were consulted relevant key persons, recommended by the ILO from the: Ministry of Labor and Social Affairs, Mr Agim Shaqiri State Chief Inspector of the OSH Inspectorate, Mr. Aco Janevski, State Councilor for international cooperation Trade Unions (SSM); Ms. Inda Savik, Responsible for the OSH issues in the Trade Union Association of the Employers (Confederation of the Employers in Republic of Macedonia), Mr. Mile Boškov, President of the Association Ministry of Health, Ms. Snezana Cicevalieva, Head of the Sector for European Integration and International Cooperation and D-r Jovanka Bislimovska Karađiska, Head of the Institute for Occupational Health (Labor Medicine), WHO Colaborative Center Republic institute for health protection, Prof. D-r Dragan Georgiev, Act. Director All of the asked to participate in creation of the National OSH profile responded promptly, except the representatives of the Ministry of Health. Information for their field of expertise was

4 provided trough previous various reports. However I would like to express my deepest gratitude to everybody who devoted their time and shared information needed for creation of this document Also the constructive comments, consultations and assistance was received from Mr. Nikola Georgiev, Mr. Fatmir Saraçini, Ms. Snežana Jankova Petkovska, Ms. Biljana Dukovska, Mr. Aleksandar Mateev and Mr Borče Stojčevski, from the Macedonian Occupational Safety and Health Association and D-r Irena Mersovska, are gratefully acknowledged. The structure of the Report follows the outline given by the ILO. Some additional information has, however, been included on points which may be of interest to the reader. Base for many of the published information is from many documents and sources among which are: Republic institute for health protection State Statistical Office Secretariat for Euro integration; Answers to the Questionnaire for the preparation of the European Commission's Opinion on the application of the Republic of Macedonia for membership of the European Union Health Systems in Transition: Macedonia The author hope that this document offers a basis for others to monitor and better understand the status and characteristics of occupational safety and health in the republic of Macedonia. We also hope that this document will create a basis for further developing work life both in Macedonia and worldwide. The Author Milan Petkovski Graduated OSH Engineer 2/54

5 TABLE OF CONTENT ABSTRACT... 1 FOREWORD... 1 TABLE OF CONTENT... 3 LIST OF ABBREVIATIONS THE LEGISLATIVE AND POLICY FRAMEWORK OSH REQUIREMENTS OSH LAW (13/98) REGULATIONS COVERING DIRECTLY ESSENTIAL ASPECTS OF OSH ISSUED UNDER THE COMPETENT MINISTRY Regulation(s) on occupational health services Regulation(s) on labour inspection Regulation(s) on insurance and/or compensation for occupational accidents and diseases (including a list of occupational diseases and of compensable injuries) and recording and notification requirements LAWS OR REGULATIONS COVERING ASPECTS OF OSH BUT ISSUED UNDER OTHER MINISTRIES NATIONAL OSH POLICY SUMMARY SITUATIONAL ANALYSIS AND RECOMMENDATIONS...17 CONCLUSON AND RECOMENDATIONS ON THE LEGISLATIVE AND POLICY FRAMEWORK COMPLIANCE WITH INTERNATIONAL STANDARDS INCORPORATION OF REQUIREMENTS OF INTERNATIONAL STANDARDS INTO NATIONAL LAW AND PRACTICE SUMMARY Degree of compliance with ILO OSH Conventions Degree of compliance with EU Directives SITUATIONAL ANALYSIS AND RECOMMENDATIONS...21 CONCLUSON AND RECOMENDATIONS ON THE COMPLIANCE WITH INTERNATIONAL STANDARDS ORGANISATIONAL FRAMEWORKS AND ENFORCEMENT MECHANISMS COMPETENT AUTHORITY(IES) FOR OSH LABOUR INSPECTION SERVICES Description Case study: Summary: OCCUPATIONAL HEALTH SERVICES Description Summary of key activities Summary of occupational health professionals OTHER ENFORCEMENT AGENCIES OR INSTITUTIONS the role and functioning of the judiciary in relation to OSH? NATIONAL ADVISORY BODIES ON OSH OCCUPATIONAL ACCIDENT AND DISEASE INSURANCE (WORKERS' COMPENSATION) SCHEMES OSH INFORMATION SPECIALIZED TECHNICAL, MEDICAL AND SCIENTIFIC INSTITUTIONS WITH LINKAGES TO VARIOUS ASPECTS OF OSH University and College courses related to OSH Research departments or institutions undertaking studies and research into OSH Institutions conducting legally required training Institutions and laboratories specialized in hazard and risk assessment (chemical safety, toxicology, epidemiology, product safety, etc.) /54

6 Standardising agencies Professional associations COORDINATION AND COLLABORATION SITUATIONAL ANALYSIS AND RECOMMENDATIONS THE ROLE OF THE SOCIAL PARTNERS IN OSH SOCIAL PARTNERS' PROGRAMMES ON OSH Employers' organisations Workers' organisations PARTICIPATION AT NATIONAL, SECTORAL AND ENTERPRISE LEVELS Participation in national tripartite committee for OSH Bipartite committees Participation at enterprise level OSH IN COLLECTIVE BARGAINING SUMMARY Summary of individual employer responsibilities Summary of workers' rights and duties Summary of worker OSH representatives' rights and responsibilities SITUATIONAL ANALYSIS AND RECOMMENDATIONS REGULAR AND ONGOING ACTIVITIES RELATED TO OSH PROMOTIONAL OSH PROGRAMMES AND ACTIVITIES INTERNATIONAL CAPACITY BUILDING, TECHNICAL COOPERATION ACTIVITIES DIRECTLY RELATED TO OSH SITUATIONAL ANALYSIS AND RECOMMENDATIONS OCCUPATIONAL SAFETY AND HEALTH OUTCOMES RECORDING AND NOTIFICATION OF OCCUPATIONAL ACCIDENTS AND DISEASES STATISTICS RELATING TO OCCUPATIONAL ACCIDENTS AND DISEASES INDICATORS OF WORKING CONDITIONS SITUATIONAL ANALYSIS AND RECOMMENDATIONS BASIC INFORMATION DEMOGRAPHIC DATA ECONOMIC DATA HEALTH STATISTICS /54

7 LIST OF ABBREVIATIONS OSH ILO ILO-CEET MOSHA EEC EU LI LIS PPE HQ MTV SSM KSS US COB HESME WHO NGO EODS MTSP GNP GDP SDR IAEA MDG Occupational Safety and Health International Labour Office International Labour Office for Central and Eastern Europe Macedonian Occupational Safety and Health Association European Economic Community European Union Labour Inspection Labour Inspectorate Services Personal Protective Equipment Head Quarters Macedonian Television Macedonian Trade Union Confederation of free unions of Macedonia United States Collective Bargaining Health, Environment and Social Management in Enterprises Program World Health Organization Non-Governmental Organization European Occupational Diseases Statistics Ministry of Labour and Social Politics Gross National Product Gross Domestic Product Standardised death International Atomic Energy Agency Millennium Development Goals 5/54

8 1. THE LEGISLATIVE AND POLICY FRAMEWORK 1.1. OSH REQUIREMENTS Occupational Safety and Health is Constitutional Category, with status of elementary right, which is in the group of constitutionally guaranteed economic, social, cultural and humanitarian rights From the Constitution of the Republic of Macedonia (Nr /1 from 17th of November 1991) Occupational Safety and Health is Constitutional Category defined as a right to every citizen. Article 32 is guaranteeing to every citizen of Republic of Macedonia to have " right to work, free employment opportunity, occupational safety and health (protection at work) and material security during the time of temporary unemployment." 1.2. OSH LAW (13/98) NOTE: Since 1974, when the first OSH law was voted in Republic of Macedonia, term Protection at work (literally translated into English) was used. From different sources, such as Morton-Benson Dictionary, Macedonian Term protection at work is equal to the English term Occupational Safety and Health. Hereby in the following text will be used "Occupational Safety and Health" terminology. The last Macedonian Occupational Safety and Health Law have been elected by the Parliament of the Republic of Macedonia on March under number 13/98. The Occupational Safety and Health with this Law is concepted as elementary part of the work organization and as well of the work process. By this it is applicable to every employee (male or female) and to every working process regardless the type and complexity of the work. With this Law organizing and conducting Occupational Safety and Health is obligation of the employer, which is also responsible to provide safe working conditions in his working environment. With this law employer is obligated to: 1. Plan and manage Occupational Safety and Health in the working environment 2. To organize Occupational Safety and Health 3. Professional training to all employees for safe and independent work 4. Examinations and testing of: a. Working tools; b. Biological; c. Chemical; d. Physical hazards; and e. Microclimate in the working environment, as well as for the support rooms and premises 5. Health examinations (previous and periodical) to workers who work under special working conditions 1. 1 Special Working Conditions Conditions where a higher risk of injury or occupational disease exists 6/54

9 All though, Occupational Safety and Health is defined as social right of the workers, it has major emphasis over the economical character and meaning. Under this law definition of the Occupational Safety and Health is not only protection of the worker from physical injuries and professional diseases, but also protection of his psychical personality. With this law manufacturer, designers, constructors and importers of tools on mechanical drive, personal protective equipment, dangerous and hazardous materials has to comply with the prescribed Occupational Safety and Health measures. Same is applicable for facilities designed for working and supportive premises, as well on objects where technological process is conducted under open sky. Occupational Safety and Health Law prescribes measures and norms for safety at work for all technical and technological processes. Furthermore, the Law emphasizes the previous (technical) protection and requires from the manufacturers, designers and constructors of working premises, machines, devices and personal protective equipment to implement prescribed Occupational Safety and Health measures, norms and standards even in the construction phase. For the first time in Republic of Macedonia, with this law was introduced a new institution Workers Occupational Safety and Health representative directly elected by the workers, who can be in the same time Union representative. During the preparation of this study, Ministry of Labour and Social Politics has presented to the Public Draft version of the New Occupational Safety and Health Law. Main reason of the Government to bring new OSH law was fully to transpond European Directive 89/391/EEC, and forming a consultative OSH body, establishing legal framework to bring National strategy development of the OSH REGULATIONS COVERING DIRECTLY ESSENTIAL ASPECTS OF OSH ISSUED UNDER THE COMPETENT MINISTRY Law for employment relationships (62/05) With this Law (most recent amendment in 2006) Republic of Macedonia defines the employment relationships between the employees and employers established with employment contract. Goal of this Law is involving employees into the working process and securing consensual conduction of that process where right of employees for freedom of labour, dignity and protection of the employees' interests is respected. This law is applicable to all employees, except in cases where other Law is regulated. With this law is defined direct and indirect discrimination and it is forbidden of the job applicant or actual worker or any kind of harassment or sexual harassment. The minimum employment age is 15 years of age, which is in correspondence to the EU directive for Youth protection, as well as with the ILO Convention 138 for minimal employment age. Occupational Safety and 7/54

10 Health is obligation both to the employer, who has to provide safe and healthy working environment and to comply with the existing OSH rules and regulations, and the employee who has responsibility to respect and conduct OSH regulations but in the same time, if there is imminent danger to his life or health to refuse to work. Employment Relationship law also defines working hours which is maximum 40 hours per week, and for employers who has more than 25 employees it is obligation to keep electronic registration of the attendance of the full working and overtime hours. Employee can work overtime hours at employers request only in situations due to the: 1. Increased work volume 2. If it is necessary to continue business or production process 3. if it is necessary to remove damaged working tools, which will cause stopping the work process 4. If it is necessary to provide safety of the people and property as well as safety of the traffic and 5. In other cases defined by law or collective bargain According to the law, overtime work can be at most 10 hours per week or at most 190 hours per year. In this case employee who worked over 150 hours overtime per year, and has not been absent from work more than 21 day during the year at the same employer, employer is obligated to pay him, beside its regular wage, a bonus which will be equal to one average salary paid in the Republic. Also there is an obligation for the employer if he is introducing longer overtime hours than prescribed, to make better management of the working hours or to introduce new shifts. The law prohibits pregnant women, mother of a child up to three years of age, elder employee, employee younger than 18 years of age and employee with health conditions confirmed by the State Health committee to work overtime REGULATION(S) ON OCCUPATIONAL HEALTH SERVICES Occupational Health services (Labor Medicine) are regulated trough the General Health Law (38/91; newest amendment in 2005). With this law rights emerging from general population health protection are defined, relations and rights to health insurance, procedure how to use health protection and system and organization of the health protection. Under this law it is clearly defined that everybody has a right to health protection, and based on solidarity, everybody has to insured. Funds for the health protection insurance are provided from the income contributions deducted from the profit made by the company, from the gross salary of the employees, budget of republic of Macedonia and other sources. All of these funds are paid into one mutual Fund, called Health Insurance Fund. Additional Health insurance is deducted from the gross salary of each employed person in Macedonia and paid to Injury insurance fund. Intention of this fund is to cover all work related injuries treated by the public health institutions. 8/54

11 Also by this law, republic of Macedonia leaves open opportunity to the employers to insure employees from work related risks at Insurance Company. This insurance is known as Collective Insurance. Insurance covers all work related injuries, and in some cases expands to the period when employee is at home (24/7/365). When an injury occurs, after the recovery period, employee needs to report it to the Insurance Company where his Company made the insurance. To justify degree of disability gained by the injury employee needs to take appropriate medical documents to the Insurance Company. More directly Occupational health is defined by this law as Specific Health protection where employers are obligated to provide health protection to its employees in order to organize exams to: 1. Determine health conditions and working ability of the employees to perform certain jobs and job assignments; 2. Systematic, control and periodical exams of the workers in regards to the gender, age and working conditions in order to perform certain work and working assignments; 3. health exams that employees have to take in order to preserve environment, consumers, and users of other required health examinations; 4. Determine health conditions of the employees to perform specific works and working assignments, or due to the obligations of the companies in regards to the Occupational Safety and Health regulations; 5. Discover and remove causes which can have hazardous influence over the employees health during performing their duties; 6. Evaluate influence of the hazards from the working environment such as dust, noise, illumination, increased radioactivity, vibrations, evaporations of chemicals etc in order to protect the employee from the Professional (occupational) diseases. 7. health education and health culture promotion 8. follow up and promotion of the hygiene at work, as well as nourishment conditions; 9. study and taking appropriate measures to decrease temporary absenteeism and invalidity; 10. evaluation of the need to send certain employees to organized medical holidays and active recreation 11. Other preventive measures. All work related examinations are divided into two groups: Prior employment examinations, where law prescribes examinations to be performed to all employees who have to work in the working environment where increased risk of injury and professional diseases exists Periodical medical examinations where all employees from the previous paragraph are sent on equal period to follow up their health It is worth to mention that these medical examinations employee has to take, if he/she works in a job position with increased risk of injury, and they are obligatory. Type and periods of these examinations are defined with the Rulebook. 9/54

12 REGULATION(S) ON LABOUR INSPECTION The Labor inspection law regulates organization and work of the Republics Labour inspectorate who performs inspection over law enforcement and other sub law regulation related to the Labour, employment, Occupational Safety and Health, Collective bargains, employment contracts and other acts why are regulating rights, responsibilities and responsibilities of the employees and employers in the fields of working relations, employment and Occupational Safety and Health. By this law it is regulated that Labour Inspectorate is under the Ministry of Labour and Social Politics, and it is governed by the Chief Republic's Labour Inspector There is a special Labor Inspectorate within the Ministry of Labor and Social Policy. The Republic of Macedonia has incorporated in its legal system Conventions Nos. 81 and 129 of the International Labor Organization concerning labor inspection. These conventions were taken over with the Constitutional Law for Implementation of the Constitution, pursuant to which the Republic of Macedonia, being a legal successor of the Socialist Federal Republic of Yugoslavia, has adopted the rights and obligations from the ratified conventions) REGULATION(S) ON INSURANCE AND/OR COMPENSATION FOR OCCUPATIONAL ACCIDENTS AND DISEASES (INCLUDING A LIST OF OCCUPATIONAL DISEASES AND OF COMPENSABLE INJURIES) AND RECORDING AND NOTIFICATION REQUIREMENTS According to the OSH law (13/98) every accident has to be recorded and if it is with serious character (broken bones, loosing limb, etc) or if more employees are injured at the working place from the same event or in a case of death of the worker, employer has in written to notify Inspectorate within 24 hours from the event occurrence. In order recordings to be unified, Ministry of Labor and Social Politics has endorsed "Rulebook of the way of keeping OSH lists/logs". By this list it is prescribed the minimal or needed information that has to be recorded in cases when: Employees are trained on OSH Working tools are inspected Microclimate, physical, chemical and biological hazards in the working and supportive premises Previous and periodical health examinations of the workers Injuries at work, occupational diseases and cases resulting with death of an employee Based upon Law on Pension and Invalidity insurance (80/93) every employees who work for employer, domestic or international or at service with diplomatic and consular offices or international organizations has to be insured from invalidity, disability or occupational diseases caused by work. This insurance is also applicable to citizens who participated in rescue, sport, cultural or other events related to the defense. 10/54

13 In cases when employee who, as a result to an injury at work suffered certain degree of disability, and can not be pre-qualified to perform other works, can be sent home by the Invalidity Committee, State body, and receive so called Invalidity Pension which will be maximum 80% from the salary. Since this is longer period of declaring somebody as disabled, employer has to assign the employee to a job position that can meet his disabilities, or where he can work without difficulties, with the same salary as was paid prior disablement. Also employee can be ordered by the Invalidity committee to work less than regular working hours but not less than half of the regular working hours (e.g. 4 hours per day) and in such cases Company must follow recommendations. However, many of the paragraphs from this law are referring to List of Occupational Diseases (List of Professional Diseases) such list is not prepared LAWS OR REGULATIONS COVERING ASPECTS OF OSH BUT ISSUED UNDER OTHER MINISTRIES Occupational Safety and Health directly is covered also by some law and regulations that by default belong to other Ministries than Ministry of Labor and Social Affair. This is due to reason that these areas are not covered by Occupational Safety and Health Law. Some of them are mining safety and health issues under the jurisdiction of the Ministry of Economics, and then other issues related to the Construction works is under the Ministry of transport and communication and at the end some issues related to the fire and explosion safety and handling dangerous materials is under the jurisdiction of Ministry of Internal Affairs. Ministry of Economy Mining as a separated Industry branch is regulated trough number of Law and Rulebooks, under the Ministry of Economy. Occupational Safety and Health in mining is in details covered with these regulations. A specialized Mining Inspection works within the Ministry of Economy who by default, has to ensure full compliance of the National legislation and standards covering ground and underground mineral exploitation, and by that to ensure compliance with Occupational Safety and Health standards. Ministry of transportation and communications Several issues related to the Occupational Safety and Health is covered by the Ministry of Transportation and communications such as transportation of hazardous materials and basic construction requirements that construction companies must follow. Transportation of hazardous materials instructs transporters how to transport hazardous materials on road, measurements that has to be undertaken prior to transportation of the hazardous materials such as loading, unloading and weight handling, and way of conducting monitoring over conducting those measurements 11/54

14 Basic Construction requirement prescribes basic safety criteria like mechanical resistance, stability of the object and seismic protection, fire safety, hygiene, health and safety of the working and living environment, noise protection, effective usage of energy and heat protection, unobstructed access and movement to and from the construction site, etc. Ministry of internal affairs Ministry of Internal affairs covers the following aspects of Occupational safety and health: 1. Fire safety is regulated with law where general measures for fire safety, both for public and private sector, as well as for general population is defined by this law. Here is also defined role and obligation of each employee or citizen how to react is situations when fire occurs. By this law, it is essential employees to be trained for fire safety and instructed how to react is such situations 2. Explosives or explosive materials are covered by a separate Law where are prescribed conditions how to produce, transport, placing on market and storage of explosive materials 3. Transportation of hazardous materials law prescribes safety measures for packaging, handling loading and unloading materials, and special safety measures due transportation of inflammable materials, radioactive materials, toxins and gases. 4. More detailed Occupational safety and health measures and requirements for acetylene and acetylene stations are prescribed in separate rulebook. Ministry of Living Environment Law and regulations emerging from this Ministry cover the area of Living environment but also influence of the working area such as factories, production facilities, or even working/transportation areas where hazardous influences can be emitted to the living environment NATIONAL OSH POLICY In May 2006, solely, Institute for Labor Medicine, under the Ministry of Health has produced "Strategy for health, healthy environment and safety at work". So far this is the only written policy produced in Republic of Macedonia and generally it gives strong overview over the health aspect of the Occupational Safety and Health. Ministry of Labor and social affair has undertaken initiative to produce such Strategy on national level, applicable to all sectors and all Industries. According to this Strategy situation with Occupational Safety and Health is pretty much reflection of the Economic situation that Republic of Macedonia is in. The presence of numerous old technologies, use of old equipment and machinery as well as not always appropriate safety measures on the working place are presenting additional burden. On the other hand, even more dangerous is the threat by inadequate implementation of new technologies with a numerous unknown risks and dangers, especially in small and medium-sized private enterprises. The additional problem is presented with lack of data for health indicators in this area (occupational diseases, injuries at work, absenteeism etc). Among other things this is 12/54

15 result of the inappropriate status of the occupational health services (OHS) with over 200 highly qualified professionals, and additional 150 Occupational Safety and Health Engineers who can not find any engagement in the field of their expertise. As a "Basis for action" from the Strategy should be emphasized following: The complete legislative concerning health, living and working environment and safety at work is applied with difficulties in the praxis and should be coordinated with the demands from the EU. So, the weak points or the key points that are in need for elaboration are: basic elements for health and safety at work and the appropriate legislative on the enterprise level, the slow development of the new concept of the occupational medicine, new challenges in the professional pathology (psycho- social stress and attention problems, inappropriate ergonomic design, biological agents, occupational cancers etc) social instability and instability caused by the high rate of unemployment, poor management of the health at the workplace, national systems for health and health insurance. In the last decade, in different countries, this processes lead to the increase of the gap between the health and safety, thus contributing to the complete social inequality in Europe. The existing system in Macedonia is nonfunctional, the expected reforms in different sectors are not well planed especially their critical points thus they cay can not answer to the new demand especially the one from the EU legislative. The European Commission demands that the health of the working population should be integrated with safety at work (Health and safety at work). Until now, the activities that were undertaken for health, healthy living and working environment and safety at work were dispersed, without being based on a strategy and with an integrated plan of activities. Usually the activities were coming from different ministries, institutions, specialized associations (Ministry of Health, Institute for Occupational Health, Ministry of labor and social affair and Ministry for environment and urban planning, Macedonian Occupational Health Society, Macedonian Occupational Safety and Health Association) but without participation of any intersectional body for joint work, tripartite on which the EU insist or the ones that have to realize it have any authority in the matter. The Strategy should provide national strategic frame for use of national measures for health, health environment and safety at work and according to WHO Global Strategy on Occupational Health for All, 1996 and suggest the following 10 goals as priority for actions: 1. Strengthening of the international and national policy for health work and developing of necessary policy tools 2. Development of healthy working environment 3. Development of healthy working practices and promotion of health at work 4. Strengthening of the services of occupational medicine 5. Establishing services for support of occupational health 6. Development of occupational health standards based on scientific risk assessment 7. Development of human resources for occupational health 13/54

16 8. Establishing a system for data registration, development of information services, strengthening the public awareness through public information 9. Improvement of the research 10. Development of the collaboration in occupational health The implementation of National Strategy through these priorities is expected to support the following effects: to provide safe and healthy working environment to reduce and prevent workers and employers injuries, diseases and illnesses caused or influenced by occupation, environment, life style and social health determinants; to preserve and promote physical, mental and social health of the working people to maintain and promote working ability to preserve the general environment and health of the people living near by the enterprises to ensure an optimal balance between the economic and business interest from one side and working ability and health of the working people on the other side to provide healthy and environmentally friendly products and services To follow and assess the actual situation based on determined indicators. Implementation of the strategy should go through Ministry for health, Ministry for labor and social affairs, Ministry for environment and urban planning, Directorate for food and Directorate for radiation safety are responsible for conducting the activities in the area of health care, living and working environment and safety at work in the framework in their own responsibilities supported by the law. At the same times the harmonization with the legislation is necessary with one from the EU, considering the national conditions and needs. State inspectorate for labor, State inspectorate for environment and State health and sanitary inspectorate should provide surveillance and following of the activities in the domain of health, environment and safety at work in their own limits and their own responsibilities supported by the law. Scientific-research and educational institution should provide research and development programs necessary for implementation, monitoring and assessment of the GP of HESME on national, local and on the level of an enterprise. The system of education needs to involve professionals from different profiles for further specializations. Financial and insurance institution (Fund for Health Insurance and Fund for Pension and Invalidity Insurance) should engage in the support of the development of different forms of insurance aiming to contribute to the decrease of the injuries ant deceases that are work related and early-premature invalidity. They are called upon to finance health, environment and safety at work. 14/54

17 Professional associations (Macedonian Occupational Health Society, Macedonian Occupational Safety and Health Association etc.) with their human resources are directly involved in the professional level and knowledge increase during the conduction of the Strategy. Employees and employers organization together with the Government of the RM are part of the tree partite system that has to provide the use of the Strategy including as much as it is possible enterprises for concrete activities concerning the cooperation, adequate education and training, enlargement of the professionals qualification, cooperation and collaboration of experts from Occupational Health Services and Services for safety at work. NGOs should follow the activities pointed out in the Action Plan for Health, Healthy Environment and Safety at Work and in the promotion of the basic principles of the Strategy in the public. The organs of local self-government according to the Low for local self-government, which are promoting preventive activities and are supporting the goals of the Strategy on local level, should provide a concrete action connected to the local community and the enterprises within it. The local self-government through its inter-sartorial commission is responsible for the application of the general measures of the Strategy that are connected with the local community. Services for Occupational Safety and Health as an expert service in the enterprise are involved for the application of the general measures of the Strategy that are connected to the enterprise and are one of its key partners in the area of protection and safety at work. Occupational Safety and Health Workers Representative according to the rights and responsibilities of the Low for safety at work (Of. Gazette of RM 13/89) is included for the application of the general measures of the Strategy that are connected to the enterprise. The management of the enterprise should initiate planning, implementation and evaluation of the Strategy on an enterprise level and to cooperate with the other systems of management of the enterprise. Institute of Occupational Health, WHO Collaborating Center for Occupational Health as a referent center of the WHO on global and national level will continuously act in a direction of a full use of the Strategy with all the professional and other resources on all levels. The Institute should be functioning as a national public health institution. The Institute should establish a unique integrative approach for protection and promotion of the workers health in RM and should provide for health, 15/54

18 methodological, educative and scientific activities and to coordinate the work of the OHS on local level. Occupational Health Services should act within the public heath network on local level and should be available to all working people, to provide monitoring and risk assessment of the working environment, activities for prevention, discovering and enlisting occupational diseases that are work related and injuries at work, health surveillance and promotion of health at the work place, taking part in the surveillance of the working environment, health education of the employees and registration of the data for the information system. Occupational Health that is functioning in public health system on a local community level consists of occupational health specialist, psychologist, and medical technician or nurse over employees 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 hazards? - prohibition, limitation or other means of reducing exposure? - assessment of risks? To some degree - prohibition or limitation of the use of hazardous processes, machinery, substances, etc? - specification of occupational exposure limits? To some degree - surveillance and monitoring of the working environment? - notification of hazardous work, and related authorisation and Licensing requirements? To some degree - classification and labelling of hazardous substances? No - provision of data sheets? To some degree - provision of personal protective equipment? - safe methods for handling and disposal of hazardous waste? - working time arrangements? - adaptation of work installations, machinery, equipment and processes to the capacities of workers (ergonomic factors)? To some degree - design, construction, layout, maintenance of workplaces and installations? To some degree - provision of adequate welfare facilities? 16/54

19 1.7 SITUATIONAL ANALYSIS AND RECOMMENDATIONS Since becoming Member Candidate country for European Union on March 22nd 2004, republic of Macedonia has to align all its legislative with the legislative of the European Union, and by that also the OSH legislative. Current law, according to the Governmental officials, articulated through the Ministry of Labour and Social Affairs does not completely meet all of the Criteria from the 89/391/EEC Directive, so at the moment of writing this document new draft OSH law is proposed. This new Law was produced in cooperation with the experts from Republic of Slovenia, a member country of the European Union. From the Progress report prepared by the European Union in 2006 it was clearly stated that "There has been limited progress in the area of health and safety at work. Legislation was adopted in December to transpose the acquis on work involving display screen equipment. However, much of the acquis still needs to be transposed. Further efforts are needed to ensure the practical implementation and enforcement of the legal provisions. Preparations in this area are moderately advanced. " Many of the European OSH regulations and especially standards have to be transposing into Macedonian legislation. However many of the OSH professionals consider even the current legislation aligned with the Directive 89/391/EC and even in some parts more advanced, such as the part of the obligatory classes of OSH in Technical high-schools and technical faculties. These claims are supported by the Trade Unions and Associations of Employers. At the moment there is National debate over this law and according to the plans of the Government, by the end of the year 2007; new law should be in place. Strength OSH law (voted 1998) Nearly 250 rulebooks covering OSH OSH Engineers Labor Medicine Doctors and Nurses Tradition of 40 years of organized OSH and scientific approach Professional OSH NGO's OSH Law and related laws cover all working population Weakness Poor implementation of the existing legislation Not updated sub-law regulations and standards Not utilized OSH professionals Very long Court processes related to OSH Not available funds for OSH promotion Not having National OSH body who will coordinate OSH activities in Macedonia, both between social partners, NGO sector and OSH professionals Part of the existing regulation out of date 17/54

20 Continuous Training and Education of the LIS Aligning Macedonian OSH regulation to EU Establishing OSH Bodies according to the EU criteria Full utilization of the OSH professionals and doctors Current reforms of the Jurisdiction system Blindly transposing EU legislation without adopting into Macedonian environment Birocratisation Marginalization of the OSH professionals and doctors Not applicable legislative and possible collision with other law and sub-law acts regulating OSH Opportunities Threats CONCLUSON AND RECOMENDATIONS ON THE LEGISLATIVE AND POLI CY FRAMEWORK Republic of Macedonia has more than 40 years of legal organizing Occupational Safety and Health. Current legislation provides good framework of applying and promoting OSH. The weak point is its full endorsement by the Authorized Governmental bodies. What is missing is continuous update of the sub-law legislation, such as OSH standards and stronger jurisdiction system that will enforce implementation of the regulations. 18/54

21 2. COMPLIANCE WITH INTE RNATIONAL STANDARDS 2.1. INCORPORATION OF REQUIREMENTS OF INTERNATIONAL STANDARDS INTO NATIONAL LAW AND PRACTICE. Many of the ILO conventions has been ratified by the Social Federative Republic of Yugoslavia, and Republic of Macedonia as it successor undertakes obligation these Conventions to be ratified into National Legislative. However much of the Conventions still need to be ratified and no specific plan exist for its ratification. Having no ILO representative in Macedonia additionally is complicating the situation since there are no real pressure such Conventions to take place, nor requested annual reports to be sent to ILO from Macedonia as Member Country. Regarding the EU Directives, the situation is pretty much the same but there is significant pressure coming from the EU representatives where is requested EU relevant directives and legislation to be transposed into local legislation, and by that to be aligned with the existing EU legislative. This process is taking a lot of time of the relevant Ministries, in this case Ministry of labour and Social Affairs, since there is no separate body within the Ministry which will deal with producing or revising the already existing national legislative. This completely is left as a topic to be dealt by the Labour inspectorate, who beside their everyday assignments in a field of inspections to the companies they have to deal even with legislative SUMMARY 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, on Occupational health services, 1985 No 81 on Labour inspection, on labour inspection (Agriculture) 1969 No 115 on Radiation protection, 1960 No 119 on Guarding of machinery, on Maximum weight, 1967 No 136 on Benzene, 1971 No 139 on Occupational cancer, on Working environment (Air pollution, noise and vibration), on Asbestos, on Safety & health in construction, 1988 No 19/54

22 170 on Chemicals, 1990 No 174 on Prevention of major industrial accidents, 1993 No 176 on Safety and health in Mines, 1995 No 184 on Safety and health in agriculture, 2001 No 12 on Injury During Work in Agriculture, on Night Work for Women employed in Industry (revised) on Night Work for Children in Industry (revised), on Allowances in Case of Injury at Work and Occupational Diseases, on Labour Inspection in Agriculture 135 on Protection and Relief for Workers Representatives in Enterprises 137 on Benzene Poisoning Protection DEGREE OF COMPLIANCE WITH EU DIRECTIVES 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 92/58/EEC on safety signs 92/85/EEC on pregnant workers 92/91/EEC on mineral-extracting industries (drilling) 92/104/EEC on mineral extracting industries requirements transposed entirely partially transposed requirements used as guidance intention to transpose in near future 20/54

23 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 2.3. SITUATIONAL ANALYSIS AND RECOMMENDATIONS Many of the weaknesses are coming from the understaffed Governmental bodies, especially in the Ministry of Labour and Social Affairs, where beside their everyday Inspections they have to work in creation of the legislative. This creates Inspectors in the same time to be creators of the legislation which further on they will have to implement (e.g. with the already existing law on OSH there is a provision where every employer has to allow election of the workers OSH representative, which can be elected even from the majority trade Union. Into practise this is very difficult and there are few companies that are actually following this legal requirement. Employees from many companies don't even have elected OSH representatives and in cases if they do, they are nominated by the employer.) Having this role and continuously faced with exact dead-lines, many of the remarks that OSH professionals have including the Trade Unions and Associations of the Employers regarding to the newly proposed legislation is not taken in consideration. Strength Capacity to translate and to sign Conventions and Directives Macedonia becoming Member Candidate for European Union Receiving stewardship in implementing EU Directives Weakness Already existing laws are just replaced by the EU directives without keeping the good parts Not having separate Legislative body which will deal with new regulations and reviewing existing ones Not having ILO representative in the country Not available funds for OSH law implementation and promotion Not having National OSH body who will coordinate OSH activities in Macedonia, both between social partners, NGO sector and OSH professionals 21/54

24 Not Consulting OSH professionals Fast pace of transposing EU to Macedonian Legislation Blindly transposing EU legislation without adopting it to the Macedonian environment Transposed legislation not functional and not applicable to Macedonian Society Not developing critical professional and social partner substance who will promote OSH, but will create legal environment of EU instructions dependant Opportunities Threats CONCLUSON AND RECOME NDATIONS ON THE COMPLIANCE WITH INTERNATIONAL STANDA RDS Republic of Macedonia has strong National Consensus over becoming Member Country of the European Union. One of the Conditions to be accepted into the grater European family is to transpose and align all Domestic legislative to the one of the European Union. With this all of the OSH regulations will be in the near future, according to the Ministry of Labour and Social Politics, by the year 2010, completely incorporated into the National legislative. Strong recommendation to the Government is fully, from the start to consult Stake holders in transposing the Legislative. 22/54

25 3. ORGANISATIONAL FRAME WORKS AND ENFORCEMEN T MECHANISMS OSH Court Ministry Professional NGO's Social Partners Associations of Employers Trade Unions 3.1. COMPETENT AUTHORITY(IES) FOR OSH Draft laws are prepared by the Ministry of Labour and Social Politics, Labour Inspectorate. Majority of the existing OSH standards are from the time of Former Yugoslavia. However, the new Laws, such as the New Occupational Safety and Health Law is completely prepared by the Ministry of Labour and Social Politics, Labour Inspectorate in Consultation with Experts from the Member Country. Further on the Draft Law is discussed among Stake holders and afterwards once again at the Social Economics Council, where Social Partners discuss over the proposed law. From here the Draft Law goes to the Government, from where, after approval, it is sent to the Parliament where a Labour and Social Politics Committee discus over the Law before it is sent to be voted In the last five years, only the Rulebook on work with display screen equipment and currently the new Occupational Safety and Health Law are the only legal documents that the Ministry has endorsed, along with the two amendments to the already existing OSH law. From the Questionnaire submitted to the European Union, Republic of Macedonia declares that: The number of inspectors is not sufficient compared to the number of entities for supervision and the number of employees; 23/54

26 Lack of professional equipment for measurement of present hazards in working environment Salaries without incentives and no possibilities for career development; Lack of technical equipment (computers, printers, fax machines, vehicles, gas, etc.) to carry out the duties efficiently; Lack of opportunities for education of the inspectors and learning from regulations and supervision experiences of other countries LABOUR INSPECTION SERVICES DESCRIPTION Labour Inspectorate is divided into 29 areas, where minimum 1 inspector is present and maximum 7. Skopje as separate area (including several municipalities inside its territory) has 10 OSH inspectors and 16 Labor Inspectors. The inspection supervision of safety at work is carried out by state labour inspectors, except in mining operations, where the supervision is carried out by the mining inspection. The coordination between the State Labour Inspectorate and other inspectorates which have common competencies regarding safety at work is carried out if a need for joint inspection arises, during which there are no problems with coordination. The labour inspectors in the field of protection and safety at work are engaged exclusively on activities related to supervision of enforcing safety and health regulations. If, during supervision, the labour inspectors detect an infringement of law or a regulation, the following measures might be taken: The inspectors bring a decision on ordering the employer to eliminate the infringement in a reasonable period The employer is entitled to appeal the decision brought by the inspectors. The Minister of Labour and Social Policy decides upon the complaint. The inspectors may file a misdemeanour charge to the competent court The inspectors may file a criminal charge with the Public Prosecutor s Office, and are authorised to bring a decision on injunction for the activities at the workspace or the workstation on the spot, when there is an immediate danger for the life and health of the worker. The labour inspectors carry out control supervisions related to the decisions until the identified irregularities are eliminated. The inspectors participate in the court procedures as a prosecuting party, if it is required by the court. In 2003, the labour inspectors for protection at work have decided on 524 injunctions. The funds raised from the fines are allocated to the Budget of the Republic of Macedonia. 24/54