Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Occupational Health Services Convention, 1985 (No. 161) - North Macedonia (Ratification: 1991)

The Committee notes with concern 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.

Repetition

Article 1(a)(ii) of the Convention. Adaptation of work to the capabilities of workers. Pursuant to its previous comments, the Committee notes the Government’s indication that the Institute of Public Health (the Institute) is the specialized public health institution responsible for the collection, processing and evaluation of health statistics within all areas of health care (Law on Healthcare Records, Official Gazette of Republic of Macedonia No.20/2009). The Institute established a registry in 2014 and is currently collecting and processing data on the operation of the authorized occupational health institutions. An integral part of this registry includes data for advising employers, workers and their representatives of companies that have concluded agreements with authorized occupational health institutions or institutions that otherwise provide services that arise from Law on Occupational Safety and Health (Law on OSH).The Committee requests the Government to provide information on the data gathered by the registry of the Institute, and how effect is given to this Article of the Convention for workers who work in companies which have not concluded an agreement with the authorized occupational health institutions.

Articles 2 and 4. Coherent national policy on occupational health services in consultation with the most representative organizations of employers and workers and measures taken to give effect to the provisions of the Convention. The Committee notes the information in the Government’s report that there are currently no records which refer to consultations with the representative organizations of employers and workers for measures that need to be undertaken in order to protect and promote the health of workers’, as previously requested by the Committee. The Committee recalls that in accordance with Articles 2 and 4 of the Convention, the competent authority shall, both in regard to the formulation, implementation and periodic review of a coherent national policy on occupation health services and the measures taken to give effect to the provisions of the Convention, consult with most representative organizations of employers and workers, where they exist. It further notes that the Occupational Safety and Health Strategy of the Republic of Macedonia (2011–15) is available on the Ministry of Health’s website.The Committee requests the Government to take the appropriate measures to ensure that consultations with the most representative organizations of employers and workers are held, both in regard to the formulation, implementation and periodical review of a coherent national policy on occupational health services and with regard to measures taken to give effect to the provisions of the Convention, and to provide information in this respect.

Article 3. Progressive development of occupational health services for all workers. The Committee notes from the Government’s report under the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) that activities regulated by special laws, such as the armed forces, the police, and some of the activities of the rescue and protection forces, as well as customs workers, are not covered by the Law on OSH. It also notes the Government’s indication that the Military Medical Centre provides occupational safety and health for the members of the armed forces and that the Polyclinic of the Ministry of Internal Affairs provides services for the employees of that Ministry.The Committee requests the Government to indicate the measures taken or envisaged to ensure the progressive development of occupational health services for all other workers that are not covered by the Law on OSH.

Article 5. Functions of the occupational health service. Noting that the Government has not supplied the information requested in this respect, the Committee once again requests the Government to indicate the specific provisions which give effect to each paragraph under Article 5.

Articles 7, 9 and 10. Organization and conditions of operation for occupational health services. The Committee notes from the Government’s report that the integration of the occupational safety and health functions is presently under analysis to identify the strengths and weaknesses of the actual occupational safety and health system. Pursuant to the decision by the Government on 19 November 2013, proposed by the Committee on Health and Environment, in cooperation with the Institute of Public Health of Republic of Macedonia, data is being collected on performed risk assessments, the number of workplaces under risk, the number of exposed workers and equipment owned by these institutions, in order to be able to perform the periodic measurements of the hazards in the working environment. The Committee notes the Government’s indication that while the analysis should identify the strengths and weaknesses of the OSH system, in the past three years, the largest occupational health institutions have not submitted their work reports, although a request by the Minister of Health was delivered in April of this year.The Committee requests the Government to provide information on the outcome of the analysis of the performed risk assessments. It reiterates its request for the Government to take measures, in law and in practice, to ensure the full application of Articles 7, 9 and 10 concerning the organisation and conditions of operation of occupational health services and to provide information in this respect.

Article 15. Occupational health services to be informed of any known factors which may affect the workers’ health. The Committee notes that Occupational Health Services shall be notified of any identified risks at the workplace through referrals for preventive health examinations and that sick leave, temporary absence from work due to medical reasons, shall be issued by selected physicians who provided integrated health protection services to patients. It further notes that in cases of increased frequency of sick leave, the employer may require data analysis.The Committee requests the Government to provide detailed information on the measures taken to ensure that occupational health services are informed of occurrences of ill health among workers, and absence from work for health reasons, in order to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace.

Application of the Convention in practice. The Committee notes from the Government’s report that, in 2013, labour inspectors in the area of occupational safety and health performed a total of 10,699 regular inspection supervisions; 4,167 control inspection supervisions, and 1,338 inspection supervisions based on injuries reported at work. In the same year, labour inspectors adopted 3,698 decisions regarding irregularities and deficiencies within specified deadlines out of 15,687 deficiencies identified. The Committee notes that most of the identified deficiencies concerned mandatory health examinations of employees in the authorized health institutions in the field of occupational medicine, and that the third leading cause was failure to conduct training of workers in occupational safety and health. Nonetheless, the Committee notes the Government’s statement that identified deficiencies are in decline compared to 2012 and that the inspections indicate the increased awareness of employers regarding safety at work and the safety of each employee.The Committee requests the Government to continue to give a general appreciation of the manner in which the Convention is applied in the country and to provide relevant statistics.