Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Albania

Safety and Health in Construction Convention, 1988 (No. 167) (Ratification: 2014)
Safety and Health in Mines Convention, 1995 (No. 176) (Ratification: 2003)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2014)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 167 (safety and health in construction), 176 (safety and health in minues) and 187 (promotional framework for OSH) together. In this respect, it notes the first reports provided by the Government regarding the application of Conventions Nos 167 and 187.

A. General provisions

Promotional framework for occupational safety and health (Convention No. 187)

Article 2(3) of the Convention. Measures that could be taken to ratify relevant ILO occupational safety and health Conventions. The Committee notes the information provided by the Government that the Occupational Safety and Health Policy Document and Action Plan (2016–20) includes the completion of the ratification process of the Occupational Health Services Convention, 1985 (No. 161), the Asbestos Convention, 1986 (No. 162), the Chemicals Convention, 1990 (No. 170), and the Safety and Health in Agriculture Convention, 2001 (No. 184), (objective 1.2 of the Policy Document). The Committee requests the Government to continue to provide information on the periodic consideration of measures that could be taken to ratify relevant OSH Conventions, including the aforementioned Conventions, in consultation with the social partners, and on the outcome of the consultations held during the period covered by the next report.

Article 4(1). Progressive development and periodic review of a national system, in consultation with the most representative organizations of employers and workers. The Committee notes the information provided by the Government with regard to the OSH institutions and legislation in Albania, including Law No. 10237 of 2010 on Safety and Health at Work (OSH Law), which constitute the national OSH system in the country. The Government further indicates that between 2013 and 2015, 15 new regulations on OSH were approved by the Council of Ministers. The Committee requests the Government to continue to provide information on the progressive development and periodic review of the national system, including consultations held with the most representative organizations of employers and workers, in that regard.

Article 4(2)(d). Cooperation between management, workers and their representatives. The Committee notes the Government’s indication that pursuant to section 14 of the OSH Law, employers with more than 50 workers have a legal obligation to establish an OSH Council, a consultative body equally represented by workers and employers, which aims to carry out periodic consultations to prevent risks at work. However, the Government reports that this obligation has only been met in the Tirana region, due to the efforts of the State Labour and Social Services Inspectorate and that there are no clearly defined legal requirements for ensuring cooperation between management, workers and their representatives within undertakings employing less than 50 workers. The Committee requests the Government to provide information on measures taken to facilitate cooperation between management and workers and/or their representatives within undertakings employing less than 50 workers and on measures taken or envisaged to ensure that every employer employing more than 50 workers implements section 14 of the OSH Law.

Article 4(3)(d). Occupational health services. The Committee notes the information provided by the Government on the improvements made concerning the availability of occupational medical services, from 118 entities in 2014 to 1,327 entities in 2015 providing medical services in their venues, and that this had led to a slight decrease of workers affected by occupational diseases. However, the Committee notes that the Government also identifies the low number of occupational health services as a challenge. The Committee requests the Government to provide information on any progress made towards the provision of occupational health services in the context of the progressive development of the national OSH system.

Article 4(3)(h). Mechanisms for the progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and in the informal economy. The Committee notes that the Policy Document sets out a number of targeted measures for micro-enterprises and SMEs such as the organization of trainings of businesses’ managers to effectively introduce OSH practices and systems in such enterprises, the elaboration of an OSH Communication Strategy followed by promotion activities that aim to increase awareness of the benefits of introducing OSH practices and systems and the development of practical guidance and tools to support the systematic and effective management of OSH. The Committee requests the Government to continue to provide information on measures taken to establish support mechanisms for a progressive improvement of OSH in micro-enterprises and SMEs, including the progress made in implementing the abovementioned targeted measures. The Committee also requests the Government to provide information on measures taken or envisaged to develop support mechanisms for a progressive improvement of occupational safety and health as regards the informal economy.

Article 5(1) and (2)(d). Formulation, implementation, monitoring, evaluation and periodic review of a national programme on OSH including objectives, targets and indicators of progress. The Committee notes that the targets of the OSH Action Plan 2016–20 include a reduction, by 2020, of 10 per cent in the number of occupational accidents and 20 per cent in the number of occupational diseases. In this respect, the Committee notes the Government’s indication that the number of occupational accidents remained high in 2015. The Committee requests the Government to continue to provide information on the measures taken to implement, monitor, evaluate and periodically review its national programme on OSH, including the progress achieved with respect to the established targets in the Action Plan 2016–20.

B. Protection in specific branches of activity

1. Safety and health in construction (Convention No. 167)

Article 4 of the Convention. Adoption of laws or regulations to ensure the application of the Convention. The Committee notes the list of laws and regulations in the field of OSH provided in the Government’s report, including the OSH Law and the Decision of the Council of Ministers No. 312 of 5 May 2010 on the approval of the regulation on safety at construction sites. The Committee also notes that the Government indicates that the following Articles of the Convention are not applied in the country: Article 14(4) (inspection of scaffolds), Article 15 (lifting appliances and gear), Article 20 (cofferdams and caissons), Article 21 (work in compressed air), Article 23 (work over water) and Article 24(b) (supervision of demolition work). The Committee requests the Government to take the necessary measures, including through the adoption of laws or regulations, to ensure the application of Articles 14(4), 15, 20, 21, 23 and 24(b) of the Convention and to provide information on any progress made in this regard.

In addition, the Committee notes that the Government refers to Decision No. 312 regarding the application of Article 13(2) and (3) (safety of workplaces), Article 14(2) (scaffolds and ladders), Article 16(2)(a) (safe and suitable access ways to ensure the safe operation of vehicles and earth-moving or materials-handling equipment), Article 27 (explosives) and Article 29(2) (sufficient and suitable storage for flammable liquids, solids and gases). The Committee requests the Government to identify specific provisions of the referenced Decision which give effect to these Articles of the Convention.

Article 8(1)(c). Responsibility of each employer whenever two or more employers undertake activities simultaneously at one construction site. The Committee notes that section 6(6) of the OSH Law provides that where workers of several enterprises share the same workplace, the employers shall cooperate and coordinate in implementing measures concerning the safety and health of workers and shall designate a coordinator. The Committee requests the Government to provide further information on the manner in which it is ensured that each employer at a construction site shall remain responsible for the application of the prescribed measures in respect of the workers placed under his/her authority.

Article 12(1). The right of workers to remove themselves from a situation of imminent and serious danger to their safety and health. The Committee notes that pursuant to section 21(c) of the OSH Law, workers are required to immediately inform the employer, the worker in charge of safety and health at work and the workers’ representatives, of any situations in which they have reasonable grounds to consider that there is a serious and immediate danger to their safety and health. The Committee requests the Government to provide information on measures taken to establish the right of workers to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to his/her safety or health.

Article 16(1)(c). Correct use of vehicles. The Committee notes that section 8(1)(c) of Part B of Annex IV of Decision No. 312 requires that all tools and machines for excavation and movement of materials should be correctly used. The Committee requests the Government to provide information on measures taken to give effect to this Article of the Convention regarding vehicles on construction sites.

Article 19(a), (b), (d) and (e). Adequate precautions to be taken in excavations, shafts, earthworks, underground works or tunnels. Noting that the Government does not provide any relevant information in its report on this point, the Committee requests the Government to provide information on measures taken or envisaged to give effect to Article 19(a)–(b) and (d)–(e) of the Convention.

Article 24(a). Adoption of appropriate precautions, methods and procedures including those for the disposal of waste or residues in case of demolition. The Committee notes that section 11(1) under chapter 2 of Part B of Annex IV of Decision No. 312 provides for requirements for safe demolition, including verification of conditions of structures to be demolished. It further notes Law No. 10643 on Waste Management of 2011 (Waste Management Law) containing a number of provisions on precautions and procedures for the disposable of waste. The Committee requests the Government to indicate if the Waste Management Law applies to the disposal of waste or residues in demolition work.

Article 26(1). Competent persons handling the construction, installation and maintenance of electrical equipment and installations. The Committee notes that pursuant to section 2(1) of Part B of Annex IV of Decision No. 312, site power distribution centres, especially those that are subject to external influences, are inspected by the Central Technical Inspectorate and are subject to maintenance. The Committee requests the Government to provide further information on measures taken to ensure that all electrical equipment and installations are constructed and installed by a competent person and so used as to guard against danger.

Article 26(2). Guards and protection against electrical cables. The Committee notes that section 2(2) of Part B of Annex IV of Decision No. 312 provides that before construction is commenced, existing power centres must be identified, verified and clearly marked. The Committee requests the Government to provide information on adequate steps taken, during the progress of construction, to ascertain the presence of, and to guard against, danger to workers from any live electrical cable or apparatus which is under, over or on the site.

2. Safety and health in mines (Convention No. 176)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments made in 2015.

Article 3 of the Convention. National policy on safety and health in mines. The Committee previously noted the Government’s statement that its policy on safety and health in the mining sector was expressed and defined in the strategic and legal framework in the country. The Government referred in this regard to the Law on Safety in Mining Activities of 2006 (No. 8741), as amended in 2013, as well as the strategy for the development of the mining sector of 2011. The Committee noted that this strategy called for: a comprehensive legal basis for mining activities, in accordance with EU legislation, which guarantees safety and the protection of the environment; the strengthening of the Inspection Department for Mines Rescue; and the improvement of occupational safety and health in the mining sector. Recalling that the Convention requires the formulation, implementation and periodic review of a coherent policy on safety and health in mines, the Committee again requests the Government to provide further detailed information on the development of a policy on safety and health in mining, as well as the measures taken to ensure its coherence. It also again requests the Government to provide information on measures taken to review the national policy, and on the consultations undertaken with the most representative organizations of employers and workers concerned.

Article 5(4)(a) and (b). Appropriate medical facilities and self-rescue respiratory devices for workers. The Committee previously noted that section 36(6) of the Law on the Mining Sector (No. 10304) requires the holder of a mining permit to provide medical services in or near the area covered by the permit, in accordance with legislation. The Committee also noted the Government’s statement that the Ministry of Energy and Industry was considering alternative proposals to guarantee rescue teams, complemented with individual self-rescue respiratory devices and service teams for first aid, especially for enterprises with fewer than 25 employees. Recalling that the Convention requires that national laws and regulations specify the requirements relating to appropriate medical facilities in mines, the Committee requests the Government to provide information on the requirements referred to in section 36(6) of the Law on the Mining Sector. In addition, recalling that the national legislation shall require the provision and maintenance of adequate self-rescue respiratory devices for workers in underground coalmines and, where necessary, in other underground mines, the Committee requests the Government to provide information on the measures taken to require the provision of self-respiratory devices.

Article 5(4)(c). Protective measures to secure abandoned mine workings. The Committee previously noted that, in response to its previous request relating to the legal provisions giving effect to Article 5(4)(c) of the Convention, the Government had pointed to sections 52–55 of the Law on the Mining Sector. However, the Committee noted that these provisions relate generally to the closure of abandoned mines, but do not identify any protective measures to secure these mines so as to minimize risks to health and safety. Therefore, the Committee once again requests the Government to indicate the legal provisions specifying the protective measures to secure abandoned mine workings so as to eliminate or minimize risks to safety and health.

Article 5(4)(d). Safe storage, transportation and disposal of hazardous substances and waste. The Committee previously noted that, pursuant to section 38 of the Waste Management Law (No. 10463), the Council of Ministers shall adopt requirements for waste management from the exploration, extraction, treatment and storage of mineral resources and water from quarries, on the proposal of the Minister responsible for industry. The Committee requests the Government to provide information on the requirements adopted pursuant to section 38 of the Waste Management Law, including a copy of any requirements adopted.

Article 5(5). Plans of workings. The Committee previously noted the Government’s indication that, pursuant to sections 18(1)(c) and 25(c) of the Law on the Mining Sector, the holder of a mining permit has the obligation to submit each year, to the competent authority, a financial and technical report of all operations carried out in accordance with the obligations set in their permit and annual workplan, in accordance with the prescribed report form. The Committee requests the Government to provide further information on the annual workplan that must be developed by the holder of a mining permit, indicating what is included in the workplan and if it is kept available at the mine site.

Article 7. Measures to be taken by employers to eliminate or minimize the risks to safety and health in mines. The Committee previously noted that section 36(3) of the Law on the Mining Sector provides that the holder of a mining permit shall take the necessary security measures to protect the life and health of employees and other persons who enter the area covered by the mining permit, in accordance with the applicable laws and regulations. In addition, section 10(2) of the Law on Safety in Mining Activities requires that permit holders ensure that mines or quarries, machinery, equipment, explosive substances and materials used are maintained so as to satisfy the essential safety requirements. The Committee requests the Government to provide further information on the measures taken to give effect in law and practice to Article 7(a) and (c)–(h) of the Convention with respect to employers’ obligations.

Article 9. Physical, chemical or biological hazards. The Committee notes that sections 6(1)(a), 6(3)(c), 8(1)(b) and 9(1)(a) of the OSH Law provide for employers’ obligations to prevent risks for occupational accidents and diseases, to reduce occupational hazards and to carry out risk assessments at the workplace. The Committee also notes that according to section 8(1)(dh) of the OSH Law, the employer is required to organize and provide first aid for workers injured at work or in the event of unexpected diseases until they are transferred to an institution for health care. The employer also has the obligation to provide to every worker, prior to his/her recruitment, information on the risks he/she might be exposed to in the workplace, including necessary prevention and protection measures (sections 11(1)(c) and 12(1)(a)). The Committee requests the Government to provide information on the obligations of employers, where workers are exposed to physical, chemical or biological hazards, to provide and maintain at no cost to the worker suitable protective equipment and other facilities (Article 9(c)) and to provide workers who have suffered from an injury or illness at the workplace access to appropriate medical facilities (Article 9(d )).

Article 10(b) and (c). Supervision and control on each shift and recording system of the names and probable location of all persons who are underground. The Committee previously noted the Government’s statement that the Rules of safety techniques for mines and carriers contains legal provisions specifying the obligation for employers to take measures for the supervision and control of underground workers on each shift. The Committee requests the Government to provide a copy of the Rules of safety techniques for mines and carriers. It also requests the Government to provide information on whether an employer is required to ensure that a system is established so that the names of all persons who are underground can be accurately known at any time, as well as their probable location, and to indicate the relevant legislative measures in this regard.

Article 11. Health surveillance of workers. The Committee previously noted that, in response to its previous comments, the Government indicated that employers have a legal obligation to take the necessary measures with respect to the periodic surveillance of workers exposed to occupational hazards from work in mines. However, the laws which the Government identified in this respect do not appear to deal with this topic. The Committee must therefore repeat its previous request to the Government to provide information on the provisions in national legislation which contain this obligation, and to provide a copy of the relevant texts, and also to provide information on the implementation of those provisions in practice.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. The Committee previously noted the Government’s statement that, in addition to section 6(6) of the Law on Safety and Health at Work, the Rules of safety techniques for mines and carriers also contain the legal obligation for employers who perform mining activities at the same location to cooperate and coordinate the implementation of occupational safety and health measures. The Committee requests the Government to provide further information on the measures taken or envisaged, in law and practice, to give effect to Article 12 in requiring the employer in charge of the mine to be primarily responsible for the safety of operations, when two or more employers undertake activities at the same mine.

Article 13(1)(b) and (e). Right of workers to request and obtain inspections and investigations and right of removal. The Committee previously noted that the information provided by the Government in response to its previous question did not address the specific obligations in the Convention. Therefore, the Committee once again requests the Government to provide information on the measures taken or envisaged to give effect to Article 13(1)(b) and (e) of the Convention, and to provide extracts of the relevant legislative texts.

Article 13(2)(c) and (f). Rights and duties of workers’ safety and health representatives. The Committee previously noted the Government’s statement that the rights of workers’ representatives appointed to participate in councils for safety and health at work are set out in sections 17 and 18 of the OSH Law. Observing that these sections do not refer to the rights set out in Article 13(2)(c) and (f) of the Convention, the Committee again requests the Government to provide information on the measures taken to ensure that workers’ representatives have the right to have recourse to advisers and independent experts and to receive notice of accidents and dangerous occurrences.

Article 13(4). Protection against discrimination and retaliation. The Committee once again requests the Government to provide information on the measures taken, in law and practice, to ensure that the rights of workers set out under Article 13(1) of the Convention can be exercised without discrimination or retaliation, in accordance with Article 13(4).