Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Occupational Safety and Health Convention, 1981 (No. 155) - Bosnia and Herzegovina (Ratification: 1993)

Article 4 of the Convention. National policy. The Committee notes that there is no occupational safety and health (OSH) policy at the national level as the Federation of Bosnia and Herzegovina, the Republika Srpska and the Brcko District are responsible for applying their own law and practice in this area. In this regard, the Committee draws the Government’s attention to paragraphs 54–63 of the General Survey on occupational safety and health (International Labour Conference, 98th Session, 2009), which indicates that a national policy can be formalized in many different ways, depending on the national situation and practice. In light of these considerations, the Committee requests the Government to ensure that a coherent OSH policy to prevent accidents and injury to health is formulated, implemented and periodically reviewed, for each entity and district, in consultation with the most representative organizations of employers and workers. The Committee also reminds the Government of the possibility of availing itself of technical assistance from the ILO with a view to giving full effect to this provision of the Convention.

Articles 13 and 19(f). Protection of workers removed from situations presenting imminent and serious danger. The Committee notes the provisions indicated by the Government which provide for the right of a worker to refuse to work where their lives and health are directly under threat due to non-application of the prescribed work protection measures. The Committee asks the Government to provide further information on the measures, in law and in practice, that ensure that workers, who refuse to work under these provisions, are protected from undue consequences; and to indicate the measures taken to ensure that an employer cannot require workers to return to a work situation where there is a continuing imminent serious danger to life or health.

Article 15. Establishment of a central body. The Committee notes the information in the Government’s report in which the Economic and Social Council of the Republika Srpska may, under section 5 of the Law on Occupational Safety and Health, establish a Committee for Occupational Safety and Health, consisting of representatives of the social partners. The Committee asks the Government to provide further information on whether such a committee has been put into place in the Republika Srpska, and to outline its role and responsibilities and any achievements to date. The Committee further asks the Government to indicate whether similar committees have been established in the Federation of BiH and the Brcko District.

Article 17. Two or more undertakings engaged in activities simultaneously at one workplace. The Committee notes the responses provided by the Government, which indicate that section 18 of the Law on Occupational Safety and Health of the Federation of BiH; section 19 of the Law on Occupational Safety and Health of the Republika Srpska; and section 12 of the Law on Work Protection of the Brcko District give effect to this provision of the Convention. The Committee asks the Government to provide a copy of the abovementioned provisions of the law, in one of the working languages of the ILO if possible, so that the Committee is able to properly determine whether full effect is given to Article 17 of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government in relation to labour inspection in the Republika Srpska, which indicates that a total of 1,046 inspections in the field of OSH were carried out in 2011, in which 457 cases revealed irregularities with employers, and resulted in 425 administrative measures and 161 punitive measures being filed. The Government refers to statistical and analytical data related to OSH. However, the Committee notes that the extract from the 2010 Report of the Federal Administration for Inspection, attached to the Government’s report on the Labour Inspection Convention, 1947 (No. 81), does not include relevant statistics on the application of Convention No. 155. In addition, the Committee notes that the labour inspection report of the Republika Srpska for 2009, 2010 and 2011 is not attached to the Government’s report, contrary to its indication. The Committee therefore reiterates its request that the Government provide information on the manner in which the Convention is applied in practice, in each entity and district, and in particular to indicate any data available on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.