Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Occupational Safety and Health Convention, 1981 (No. 155) - Serbia (Ratification: 2000)

The Committee notes the information provided by the Government in response to its previous request concerning Articles 3(b), (c) and (e) and 13 of the Convention.

Articles 4(1) and 5(a)–(f). National policy and main spheres of action. The Committee notes the comprehensive information provided by the Government, including on the functioning of the Council of Safety and Health at Work and on the Economic and Social Council of the Republic of Serbia. Noting in particular that the new Strategy for Safety and Health at Work in the Republic of Serbia for the period from 2013 to 2017 has been adopted, the Committee requests the Government to provide information on the results obtained, including on legal and institutional initiatives taken to address each of the main spheres of action referred to under Article 5 of the Convention.

Article 7. Overall review of the situation regarding occupational safety and health or review relating to specific areas. The Committee notes that the annual reports of the Directorate of Occupational Safety and Health and the Labour Inspectorate are considered by the Council of Safety and Health at Work to determine which issues concerning safety and health at work will be included in the workplan of the Government, and that they serve as a starting point for determining the general and specific objectives for a certain strategic period. It also notes that, according to the Government, a significant problem persists with regard to the implementation of risk assessments acts at the undertaking level, which constitute a basis for the implementation of occupational safety and health (OSH) measures. The Government also indicates that, in spite of this, the level of implementation of preventive measures has improved. The Committee requests the Government to continue to provide information on the major problems identified regarding OSH and the working environment; the methods proposed to deal with them; the priorities for action; and the evaluation of the results.

Article 11(a)–(f). Functions to give progressive effect to the national policy. The Committee notes that according to the Government’s report, the implementation of this Article of the Convention is enabled through sections 61–68 of the Law on Health and Safety at Work, and sections 268–272 of the Labour Law. The Committee notes that these sections refer to labour inspection and do not seem to be related to the functions provided for in Article 11 of the Convention. The Committee requests the Government to expose the means by which it implements each paragraph of this Article of the Convention including with reference to the establishment and application of procedures for the notification of occupational accidents and diseases by employers and others concerned, and the production of annual statistics pursuant to Article 11(c) of the Convention.

Article 15(1). Coordination between various authorities and bodies. Coherence. The Committee notes the information provided by the Government that, with a view to implementing Article 15 of the Convention, and in order to ensure full application of Parts II and III of the Convention, the Economic and Social Council of the Republic of Serbia held a total of 17 meetings from 2009 to June 2014. The Committee also notes the information that the Council of Safety and Health at Work held 13 sessions in the same period. The Committee requests the Government to indicate the manner in which it ensures appropriate coordination between the Economic and Social Council and the Council of Safety and Health at Work, as well as between these two bodies and other authorities (i.e. Ministry of Health, environmental authorities, etc.) responsible for giving effect to the Convention at the national level, with a view to ensuring the coherence of the policy referred to in Article 4 of this Convention.

Application in practice. With reference to its previous comments, the Committee notes the information provided by the Government in reply to the previous observations of the Confederation of Autonomous Trade Unions of Serbia. In this respect, it notes that the Government provides detailed information on the application of the Convention in practice, including on risk assessment, training in OSH, the need for OSH specialists at the level of the undertaking, statistics related to labour inspection and the measures taken by the Government to improve compliance. The Committee requests the Government to continue to provide information on the application of the Convention in practice.