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

In its previous comments, the Committee had requested the Government to provide information on the application of 11 Conventions concerning occupational safety and health (OSH) in the three entities of the country: the Federation of Bosnia and Herzegovina (BiH), Republika Srpska and the Brčko District. They are Conventions Nos 119 (guarding of machinery), 136 (benzene), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 155 (occupational safety and health and the working environment), 161 (occupational health services), 162 (asbestos), 174 (major industrial accidents), 176 (safety and health in mines), 184 (safety and health in agriculture) and 187 (promotional framework for occupational safety and health). In order to provide a comprehensive view of the issues relating to the application of these Conventions, the Committee considers it appropriate to examine them together. Considering that there are specific questions concerning each entity and others which are common in all entities, the examination of the questions will be presented in the following thematic order: (A) General provisions; (B) Protection against specific risks; and (C) Protection in specific branches of activity.

The Committee also notes the legislation referred to by the Government which gives effect to a number of provisions of the Conventions. However, in addition to the points raised below, the Committee notes that the report of the Government is silent on the application of Conventions Nos 119, 136, 139, 148, 162, 174 and 176 in the Brčko District. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that effect is given to each provision of Conventions Nos 136, 139, 148, 162, 174 and 176 in the Brčko District.

Concerning the establishment of a labour inspection system and the provision of appropriate inspection services, and taking into account that Bosnia and Herzegovina has ratified the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee refers to its detailed comments under these two Conventions.

A. General provisions

1. Occupational safety and health and its promotional framework (Conventions Nos 155 and 187)

The Committee notes the observation of the Confederation of Trade Unions of the Srpska Republic (SSRS) communicated with the Government’s report under Convention No. 155.

Issues concerning the Federation of BiH

Articles 3(1) and 4(2)(a) of Convention No. 187; Articles 4, 7 and 8 of Convention No. 155. National policy. Laws and regulations. The Committee notes the Government’s indication in reply to its previous request that consultations with the social partners are under way for drafting a new law on OSH in the Federation of BiH. The Committee requests the Government to take the necessary measures in the near future to ensure that a coherent national policy on OSH is formulated, implemented and periodically reviewed in consultation with the most representative organizations of employers and workers. It further requests the Government to provide information in this respect as well as a copy of the new law on OSH, once adopted.

Issues concerning the Republika Srpska

Articles 3(1) and 4(2)(b) of Convention No. 187; Articles 4, 7 and 15 of Convention No. 155. National policy and periodic review and coordination between various authorities and bodies. The Committee notes that section 2(b) of the Law on OSH (Official Gazette – OG 01/08 and 13/10) establishes that the prevention of occupational injuries and diseases through the provision of safe and healthy working conditions is a prerequisite for the full physical, mental and social welfare of workers. Pursuant to section 5 of the Law on OSH, the OSH Committee, established by the Economic and Social Council of the Republika Srpska, has representatives of the social partners and systematically monitors OSH issues. This includes leading from time to time reviews of OSH policy, the promotion of harmonization of OSH legislation and the enhancement of OSH measures, and periodically delivering a report on OSH to the Economic and Social Council and other relevant bodies. However, the Committee notes the Government’s statement that due to financial constraints, the OSH Committee has met sporadically since its inception in 2008 and has not achieved considerable results. The Committee requests the Government to provide information on the progress made in the operationalization of the OSH Committee or any other arrangements made for ensuring coordination between various authorities and bodies in the Republika Srpska. It further requests the Government to continue to provide information on the periodic review of the national OSH policy, in consultation with the social partners.

Article 16(1) of Convention No. 155. Employers’ obligations. The Committee notes that the SSRS expressed its concern over the variety of assessments provided by employers across branches of activity of risk assessments. The SSRS indicates that although the Law on OSH requires the adoption of risk assessment, approximately 40 per cent of employers had not done so. The Committee requests the Government to provide its comments in this respect, indicating the measures it is taking to give full effect to this Article of the Convention by ensuring that employers comply with their obligation to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without risk to health.

Article 20 of Convention No. 155. Cooperation between management and workers and/or their representatives. The Committee notes that the SSRS expressed its concern over the lack of compliance by employers in the Republika Srpska with the obligation to establish OSH committees for workplaces with more than 50 workers, pursuant to the Law on OSH (OG 01/08 and 13/10). The Committee requests the Government to provide its comments in this respect, indicating the measures it is taking to promote, at the level of the undertaking, cooperation between management, workers and their representatives as an essential element of workplace-related prevention measures.

Issues concerning the Brčko District

Article 3(1) of Convention No. 187; Articles 4 and 7 of Convention No. 155. National policy. The Committee notes that the report of the Government is silent on the application of these provisions of the Convention in the Brčko District. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that a coherent national policy is formulated, implemented and periodically reviewed in consultation with the most representative organizations of employers and workers in the Brčko District.

Articles 13 and 19(f) of Convention No. 155. Right of workers to remove themselves from danger. In its previous comments, the Committee had noted that the Government did not provide information on the protection of workers from undue consequences for the exercise of their right to refuse to work if there is a threat to their life or health, pursuant to section 49 of the Law on protection at work of the Brčko District. The Committee notes that the Government’s report is again silent on the application of these provisions of the Convention in the Brčko District. The Committee requests the Government to take measures to ensure that workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences and the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health.

Issues common to the Federation of BiH and the Brčko District

Article 17 of Convention No. 155. Two or more employers undertaking activities simultaneously at one workplace. The Committee notes that, pursuant to section 18 of the Law on OSH of the Federation of BiH (OG 22/90) and to section 12 of the Law on OSH (OG 19/06, 19/07, 25/08, 20/13, 31/14 and 01/15) of Brčko District, if two or more organizations and employers are engaged in activities at the same workplace, each of them is responsible for implementing safety measures, and the main contractor or investor is obliged to provide a single study of occupational safety. However, the Government does not indicate how two or more employers collaborate in applying safety and health requirements. The Committee requests the Government to provide further information on the manner in which collaboration is ensured through the single study prepared by the main employer.

Issues common to the Federation of BiH, the Republika Srpska and the Brčko District

Article 5 of Convention No. 187. National OSH programme. The Committee notes that the Government’s report is silent on the application of this provision of the Convention. The Committee recalls that the development of a national OSH programme is a key operational element for the promotion of a safety and health culture (see General Survey on certain occupational safety and health instruments, 2017, paragraphs 147–153). The Committee requests the Government to provide information on the measures taken in the Federation of BiH, Republika Srpska and the Brčko District to ensure the formulation, implementation, evaluation and periodic review of a national programme on OSH, in consultation with the most representative organizations of employers and workers.

2. Occupational health services (Convention No. 161)

Issues concerning the Federation of BiH

Article 8. Cooperation and participation in the implementation of organizational measures. The Committee notes that the report of the Government is silent on the application of this provision in the Federation of BiH. The Committee requests the Government to provide information on the measures taken to ensure that the employer, the workers and their representatives, where they exist, cooperate and participate in the implementation of organizational and other measures relating to occupational health services on an equitable basis in the Federation of BiH.

Article 9. Composition and independence of the personnel. The Committee notes that the report of the Government is silent on the application of this provision in the Federation of BiH. The Committee requests the Government to provide information on the measures taken to ensure that: (1) occupational health services are multidisciplinary and composed by personnel determined by the nature of the duties to be performed; (2) occupational health services carry out their functions in cooperation with other services in the undertaking; and (3) cooperation and coordination between occupational health services and, as appropriate, other bodies concerned with the provision of health services.

Issues concerning the Republika Srpska

Article 3. Progressive development of occupational health services. The Committee notes the Government’s indication that the system of occupational health services faces great challenges due to understaffing, with only 20 doctors specialized in occupational health in the Republika Srpska. The Committee requests the Government to provide information on the measures taken or envisaged to overcome the obstacles mentioned and to ensure that occupational health services are provided for all workers in the Republika Srpska.

Article 4. Consultations. The Committee notes the Government’s indication that OSH regulations are adopted with the participation of social partners. With reference to its comments above under Article 4(2)(b) of Convention No. 187 and Article 15 of Convention No. 155, the Committee requests the Government to provide information on the consultations undertaken with the social partners, including in the OSH Committee, on the measures to be taken to give effect to the Convention.

Issues concerning the Brčko District

Articles 2, 4, 9, 10, 13, 14, 15 and 16. National policy. Consultations. Conditions of operation. Central authority. The Committee notes that the report of the Government is silent on the application of these provisions of the Convention in the Brčko District. The Committee requests the Government to provide information on the measures taken to give effect to Articles 2 (consultation), 4 (national policy), 9 (composition of the personnel and cooperation and coordination), 10 (professional independence of personnel of occupational health services), 13 (information to workers of occupational health hazards), 14 (information to occupational health services of any known or suspected factors which may affect workers’ health), 15 (information to occupational health services of occurrences of ill health among workers and absence from work for health reasons) and 16 (authority responsible for supervising occupational health services) of the Convention in the Brčko District.

Article 8. Cooperation and participation in the implementation of organizational measures. The Committee notes that the information provided is not relevant for the appreciation by the Committee of the application of this provision of the Convention. The Committee requests the Government to provide information on the measures taken to bring about the cooperation and participation of employers, workers and their representatives in the implementation of organizational and other measures relating to occupational health services in the Brčko District.

B. Protection against specific risks

1. Guarding of machinery (Convention No. 119)

Issues concerning the Federation of BiH

Article 4. Obligation of the vendor, the person letting out on hire or transferring the machinery, the exhibitor and the manufacturer. The Committee notes the Government’s indication that, pursuant to section 13 of the Order on safety of machinery (OG 04/10), the obligation to ensure compliance with safety requirements of machinery rests on manufacturers or their representatives. However, the Government does not indicate if the obligation rests also on the vendor, the person letting out on hire or transferring the machinery, and the exhibitor. The Committee requests the Government to provide further information in this respect with regard to the Federation of BiH.

Article 16. Consultations. The Committee notes the Government’s indication that: (a) manufacturers are involved in the procedure for the adoption of technical regulations; and (b) a representative of employers, but not a representative of workers, was included in the working group that drafted the Order on safety of machinery (OG 04/10). The Committee requests the Government to take the necessary measures to ensure that any national laws or regulations concerning the guarding of machinery is adopted by the competent authority after consultation with the most representative organizations of employers and workers concerned. The Committee requests the Government to continue to provide information in this respect.

Issues concerning the Brčko District

Articles 2, 4, 6, 12 and 13. Prohibition of the sale, hire, transfer, exhibition and use of dangerous machinery. Obligation of the vendor, the person letting out on hire or transferring the machinery, the exhibitor and the manufacturer. Rights of workers under national social security and social insurance legislation. The Committee notes that the report of the Government is silent on the application of these provisions of the Convention in the Brčko District. The Committee requests the Government to provide information on the measures taken to give effect to Articles 2 and 6 (prohibition of the sale, hire, transfer, exhibition and use of dangerous machinery), 4 (obligations of the vendor, the person letting out on hire or transferring the machinery, the exhibitor and the manufacturer), 12 (rights of workers under national social security legislation) and 13 (application to self-employed) of the Convention in the Brčko District.

2. Benzene (Convention No. 136)

Issues concerning the Federation of BiH

Articles 1 and 4. Protective measures and prohibition of the use of benzene and of products containing benzene. The Committee notes the Government’s indication that the Rulebook on technical and health protection measures for work in chemical and technological processes (OG of the Federal People’s Republic of Yugoslavia (FPRY), 55/50) establishes specific safety measures in chemical and technological processes. However, the Government does not indicate if the legislation establishes protective measures for the exposure of workers to benzene and to products the benzene content of which exceeds 1 per cent by volume. The Committee requests the Government to provide precise information in this regard and to indicate the specific provisions of the legislation that ensure that protective measures apply to all activities involving the exposure of workers to benzene and to products containing benzene in the Federation of BiH in order to protect workers from the hazards related to benzene and to reduce the incidence of benzene-induced illnesses and injuries resulting from the use of benzene at work.

Article 2. Use of harmless or less harmful substitute products. The Committees notes the Government’s indication that no specific measures have been taken for the use of harmless or less harmful substitute products than benzene in the Federation of BiH. The Committee requests the Government to take the necessary measures to ensure that harmless or less harmful substitute products than benzene are used whenever they are available in the Federation of BiH. The Committee requests the Government to continue to provide information on this subject.

Articles 5, 6 and 7. Occupational hygiene and technical measures. Escape of benzene vapour into the air and concentration limits. Enclosed systems. The Committee notes the Government’s indication that the Rulebook on Yugoslav standard for maximum permissible concentrations of harmful gases, vapours and aerosols (OG of FPRY, 54/91) prescribes the maximum permissible concentration of harmful gases, vapours and aerosols in the atmosphere of working premises and sites, in conformity with Article 6(2) of the Convention. However, the Government does not indicate if benzene is covered by the Rulebook and if the competent authority issues directions on carrying out the measurement of the concentration of benzene in the air of places of employment. Furthermore, sections 265–273 of the Rulebook on technical and health protection measures for work in chemical and technological processes (OG of FPRY, 55/50) establish specific safety measures to be taken when working with chemicals and reagents that release harmful gases, vapours and smoke, as well as for their storage in separate rooms. However, the Government does not indicate if benzene and products containing benzene are covered by this Rulebook. The Committee requests the Government to provide specific information on the specific measures that ensure effective protection of workers exposed to benzene or to products containing benzene. It also requests the Government to provide information on the specific measures that provide for maximum permissible concentration of benzene in the air and the directions issued by the competent authority on the measurement of its concentration, as well as on the work processes involving the use of benzene being carried out in enclosed systems or, where this is not practicable, on the effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers in the Federation of BiH.

Article 12. Danger symbols. The Committee notes the Government’s indication that the Law on transport of dangerous substances establishes the conditions for the transport of dangerous substances. However, the Government does not indicate if danger symbols related to benzene are clearly visible on containers or products containing benzene. The Committee requests the Government to provide information on the measures taken to ensure that the word “benzene” and the necessary danger symbols are clearly visible on any container holding benzene or products containing benzene in the Federation of BiH.

Issues concerning the Republika Srpska

Article 6(2). Concentration of benzene in the air. The Committee notes the Government’s indication that the Rulebook on Yugoslav standard for maximum permissible concentrations of harmful gases, vapours and aerosols (OG of FPRY, 54/91) prescribes the maximum permissible concentration of harmful gases, vapours and aerosols in the atmosphere of working premises and sites, in conformity with Article 6(2) of the Convention. However, the Government does not indicate if benzene is covered by the Rulebook. The Committee requests the Government to provide precise information on the specific measures that provide for maximum permissible concentration of benzene in the air.

3. Occupational cancer (Convention No. 139)

Issues concerning the Federation of BiH

Article 1. Periodic determination of certain carcinogenic substances and agents. The Committee requests the Government to indicate the legislation and regulations that provide for a list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization and control and to specify the manner in which the list is periodically determined in the Federation of BiH.

Article 2. Substitute substances or agents. The Committee notes the Government’s indication that in addition to the special occupational safety measures for work being performed with carcinogenic substances, harmful agents and dangerous radiation, no measures have been adopted to replace carcinogenic substances and agents in the Federation of the BiH. The Committee requests the Government to make efforts to take the necessary measures to replace carcinogenic substances and agents to which workers may be exposed during their work by non-carcinogenic substances or agents that are less harmful. The Committee also requests the Government to provide information on any progress made in this respect with regard to the Federation of BiH.

Issues common to the Federation of BiH and the Republika Srpska

Article 5. Medical examinations. With regard to the Federation of BiH, the Committee notes the Government’s indication that, pursuant to sections 29–31 of the Law on OSH (OG 22/90), prior to the assignment of workers to workplaces with special working conditions, the employer is required to ensure that medical examinations are periodically renewed, at least every three years. With regard to the Republika Srpska, the Committee notes the Government’s indication that, pursuant to sections 6, 11, 32, 15 and 43 of the Law on OSH (OG 01/08 and 13/10), workers have the right to medical examinations taking into account specific occupational risks and the employer is required to ensure medical examination at no cost for workers based on risk assessment, including preliminary and periodic medical examinations, as prescribed in the Rulebook on preliminary and periodic medical examinations of workers at workplaces with increased risk (OG 68/08). However, the Government does not indicate if workers are provided with such medical examinations also after the period of employment. The Committee requests the Government to provide information with regard to the Federation of BiH and the Republika Srpska on the provision of medical examinations after the period of employment for workers who have been exposed to carcinogenic substances or agents.

4. Working environment (Convention No. 148)

Issues concerning the Federation of BiH

Article 5(4). Opportunity of representatives of the employer and of the workers to accompany inspectors. The Committee requests the Government to provide information on the measures taken to ensure that representatives of the employer and representatives of the workers of the undertaking shall have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of this Convention, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties.

Issues concerning the Republika Srpska

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment. The Committee notes that the Government’s report is silent on the notification to the competent authority of the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, and that could be authorized on prescribed conditions or prohibited. The Committee requests the Government to provide information on the measures taken to establish the requirement to notify the competent authority in the Republika Srpska of the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration.

Issues common to the Federation of BiH and the Republika Srpska

Article 8(2) and (3). Criteria for determining the hazards of exposure to air pollution, noise and vibration and exposure limits. The Committee notes that the Government does not indicate: (a) if in the elaboration of the criteria and the determination of the exposure limits the competent authority takes into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned; and (b) if established criteria and exposure limits are regularly supplemented and revised in the light of current national and international knowledge and data. The Committee requests the Government to provide information in this respect with regard to the Federation of BiH and the Republika Srpska.

Common issue to the Federation of BiH and the Brčko District

Article 6(2). Two or more employers undertaking activities simultaneously at one workplace. The Committee refers to its comments above on the application of Article 17 of Convention No. 155.

5. Asbestos (Convention No. 162)

Issues concerning Federation of BiH

Articles 8, 14, 15(3), 17 and 19 of the Convention. Cooperation. Responsibilities of producers and suppliers. Employers’ responsibilities on exposure limits. Demolition of plants or structures. Waste disposal. The Committee notes that the Government does not provide any information on the application of these provisions of the Convention in the Federation of BiH. The Committee requests the Government to provide information on the measures taken to ensure that effect is given to Articles 8 (cooperation between employers and workers), 14 (labelling of the container and, where appropriate, the products), 15(3) (exposure limits to asbestos dust into the air), 17 (demolition of plants or structures) and 19 (disposal of waste) in the Federation of BiH.

Article 13. Notification of certain type of work involving exposure to asbestos. The Committee notes the Government’s indication that, pursuant to sections 29(2) (medical examination of workers) of the Law on OSH (OG 22/90), before assigning workers to a workplace with special working conditions, the employer is required to send the worker to the appropriate medical examination and to inform the OSH authority on the dangers to which workers are exposed. However, the Government does not indicate if workplaces with special working conditions cover work that involves exposure to asbestos. The Committee requests the Government to indicate the measures taken to ensure that employers notify the competent authority, in a manner and to the extent prescribed by it, about certain types of work involving exposure to asbestos in the Federation of BiH.

Article 20. Measurement of the concentration of airborne asbestos dust and monitoring of exposure. The Committee notes the Government’s indication that, pursuant to sections 19–24 of the Law on OSH (OG 22/90), the employer is required to conduct periodic examinations and tests prescribed by the national legislation. However, the Government does not indicate if: (a) records of the monitoring of the working environment and of the exposure of workers to asbestos are kept for a period prescribed by the competent authority; or (b) the workers concerned and their representatives have access to these records and have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. The Committee requests the Government to provide information in this respect with regard to the Federation of BiH.

Issues concerning the Republika Srpska

Article 13. Notification of certain types of work involving exposure to asbestos. The Committee notes the Government’s indication that there is no obligation to notify authorities about the types of work that involve exposure to asbestos. The Committee requests the Government to take the necessary measures to provide for an obligation of employers in the legislation to communicate to the competent authority about certain types of work involving exposure to asbestos in the Republika Srpska. The Committee requests the Government to continue to provide information in this respect.

Article 18(3). Prohibition of the taking home of work or protective special clothing and personal protective equipment. The Committee notes the Government’s indication that, pursuant to the Rulebook on preventive measures for OSH, when using the means and equipment for personal protection at work (OG 23/13): (a) the employer is obliged to provide workers with equipment for personal protection at work that is in good working order; (b) personal protection equipment must be provided at no cost to the workers; and (c) the employer determines the type of means and/or equipment for personal protection at work and the conditions of their use, depending on the working environment, taking into account the type and frequency of exposure to risks and hazards. Furthermore, pursuant to the Rulebook on preventive measures for OSH (OG 30/12), when required for health or other reasons, the employer is required to provide adequate locker rooms to workers that use work clothing and uniforms. Whenever circumstances so require, for example when working with hazardous substances, conditions shall be provided for keeping work clothing in a place separate from personal clothing. In addition, the employer is required to provide showers, washbasins and toilets, as required by the nature of the work or due to health reasons, and especially for workers who work with toxic, infectious or ionizing substances. However the Government does not indicate if national laws or regulations prohibit the taking home of work and special protective clothing and of personal protective equipment. The Committee requests the Government to provide information in this respect.

Article 20(2). Keeping of records. The Committee notes the Government’s indication that, pursuant to section 15 of the Law on OSH (OG 01/08 and 13/10) the employer is required to hire an authorized and licensed organization to conduct preventive and periodic inspections and testing of the working equipment, as well as preventive and periodic testing of the working environment, to check whether OSH measures provided for by law are implemented in the workplace. Furthermore, pursuant to sections 15 and 16 of the Rulebook on the procedure and terms of preventive and periodic inspection and testing of work equipment and preventive and periodic testing of working environment conditions (OG 66/08, 52/09 and 107/09), preventive and periodic testing of the working environment are conducted and the results of the measurements are compared with the permissible values standards. The Committee requests the Government to indicate whether the competent authority has prescribed the period of time for which the records of the monitoring of the working environment and of the exposure of workers to asbestos shall be kept, in accordance with Article 20(2).

Issues common to the Federation of BiH and the Republika Srpska

Article 21. Medical examinations. Returning to the information and comments noted above on the application of Article 5 of Convention No. 139, the Committee requests the Government to provide information with regard to the Federation of BiH and the Republika Srpska on the provision of medical examinations after the period of employment for workers who have been exposed to asbestos during the course of their employment.

Common issue to the Federation of BiH and the Brčko District

Article 6(2). Two or more employers undertaking activities simultaneously at one workplace. The Committee refers to its comments above on the application of Article 17 of Convention No. 155.

6. Prevention of major industrial accidents (Convention No. 174)

Issues concerning the Federation of BiH

Article 4. National policy. Consultations. The Committee notes the Government’s indication that a national policy concerning the protection of workers, the public and the environment against the risk of major accidents has not been formulated. The Committee requests the Government to take the necessary measures, without undue delay, to formulate and implement a national policy in consultation with the most representative organizations of employers and workers and other interested parties in the Federation of BiH.

Article 6. Protection of confidential information. The Committee notes that, pursuant to sections 30 and 34 of the Law on environment protection (OG 33/03), a request for environmental information may be refused if the disclosure would adversely affect the confidentiality of commercial and industrial information, where such confidentiality is protected by law in order to protect a legitimate economic interest. The Government indicates that the Regulation on plants and pollution registers prescribes liability and confidentiality of data collected under certain conditions. However, the Government does not provide further information on the limits to protect confidential information, and in particular when protecting confidentiality leads to serious risks to the workers, the public or the environment. The Committee requests the Government to provide information in this respect. It further requests the Government to provide a copy of the Regulation on plants and pollution registers.

Article 9. Documented system of major hazard control at the level of the installation. The Committee notes the Government’s indication that there were no changes in the reporting period. However, in its previous report, the Government did not provide information on the application in law or practice of this Article of the Convention. The Committee once again requests the Government to provide information on the measures taken to ensure that the documented system of major hazard control established by employers includes: (a) the identification and analysis of hazards and the assessment of risks including consideration of possible interactions between substances; (b) technical measures, including design, safety systems, construction, choice of chemicals, operation, maintenance and systematic inspection of the installation; (c) organizational measures, including training and instruction of personnel, the provision of equipment in order to ensure their safety, staffing levels, hours of work, definition of responsibilities, and controls on outside contractors and temporary workers on the site of the installation; (d) emergency plans and procedures; (e) measures to limit the consequences of a major accident; (f) consultation with workers and their representatives; and (g) improvement of the system, including measures for gathering information and analysing accidents and near misses.

Article 16. Responsibilities of the competent authority. The Committee notes the Government’s indication that there were no changes in the reporting period. However, in its previous report the Government did not provide information on the application in law or practice of this Article of the Convention. The Committee once again requests the Government to provide information on the measures adopted by the competent authority to ensure that: (a) information on safety measures and the correct behaviour to adopt in the case of a major accident is disseminated to members of the public liable to be affected by a major accident without their having to request it and that such information is updated and re disseminated at appropriate intervals; (b) warning is given as soon as possible in the case of a major accident; and (c) where a major accident could have transboundary effects, the information required in (a) and (b) above is provided to the States concerned, to assist in cooperation and coordination arrangements.

Article 20(c) and (f). Right of workers to be consulted in the preparation of, and to have access to, safety reports, emergency plans and procedure and accident reports. Right to notify the competent authority of potential hazards. The Committee notes that the Government’s report is silent on the application of these provisions of the Convention. The Committee requests the Government to provide information on the measures taken to ensure that workers and their representatives are consulted in the preparation of, and have access to, the safety report, emergency plans and procedures and accident reports, and have the right to notify the competent authority of potential hazards in the Federation of BiH.

Issues concerning the Republika Srpska

Article 4. National policy. Consultations. The Committee notes the Government’s indication that: (a) a Programme for reducing the risk of natural disasters and other accidents will be adopted in the future; and (b) the Law on environmental protection (OG 71/12) provides for the adoption of a Protection Strategy containing basic guidelines for risk management, including the prevention and control of the risk of major accidents. The Committee requests the Government to provide information on the progress made in the adoption of the Programme for reducing the risk of natural disasters and other accidents as well as the potential adoption of a protection strategy, in consultation with the most representative organizations of employers and workers and other interested parties. The Committee requests the Government to provide copies of the abovementioned programme and strategy, once adopted.

Article 15. Emergency plans and procedures outside major hazard installations. The Committee notes the Government’s indication that, pursuant to section 97 of the Law on protection and rescue in emergency situations (OG 121/12), the competent authority is required to take appropriate measures when there is a risk of major threats to the environment and the health of the population due to: (a) accidents in industry, transport and other accidents and disasters whose effects may threaten the environment; (b) discharge of toxic and harmful chemicals and other substances into the environment from industrial installations, transport vehicles and household heating systems which cause concentrations in water, air and soil that exceed maximum allowable levels; (c) municipal, industrial and other disposal of solid and liquid waste; and (d) natural disasters. However, the Government does not indicate if emergency plans and procedures are updated at appropriate intervals and coordinated with the relevant authorities and bodies. The Committee requests the Government to provide information in this respect with regard to the Republika Srpska.

Issues common to the Federation of BiH and the Republika Srpska

Article 5. System for the identification of major hazard installations. The Committee notes the Government’s indication that the Ministry of Physical Planning, Construction and Ecology establishes a system for the identification of major hazard installations based on prescribed threshold quantities for hazardous substances, as well as on their location, pursuant to: (a) the Rulebook on installations which may be built and set in operation only if they have an environmental permit (OG 124/12) in the Republika Srpska; and (b) the Rulebook on plants and facilities requiring the assessment of the environment and which may be built and set in operation only if they have an environmental permit (OG 19/04) in the Federation of BiH. However, the Government does not indicate the manner in which the most representative organizations of employers and workers and other interested parties were consulted in the establishment of the system and the measures taken to ensure regular review and updating of the system. The Committee requests the Government to provide information in this respect with regard to the Federation of BiH and the Republika Srpska.

Article 22. Responsibility of exporting States. The Committee notes the Government’s indication that there is no information available on the application of this provision of the Convention in the Republika Srpska. The Committee also notes that the information provided does not allow to assess the effect given to this provision in the Federation of BiH. The Committee requests the Government, in cases where the country is an exporting country, to provide information on the possible ban of the use of products, technologies or dangerous products, as a potential source of major accidents. In that case, the Committee requests the Government to provide information on the obligation to provide importing countries with information on the abovementioned ban and the underlying reasons.

C. Protection in specific branches of activity

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

Issues concerning the Federation of BiH

Article 3. National policy. The Committee notes the Government’s indication that the planned adoption of a new OSH law in the Federation of BiH would create the conditions for the formulation of a policy on OSH in mining. The Committee requests the Government to take the necessary measures to ensure that, after consultations with the most representative organizations of employers and workers concerned, a coherent policy on safety and health in mines is formulated, carried out and periodically reviewed in the Federation of BiH. The Committee also requests the Government to provide a copy of the new law on OSH, once adopted.

Article 5(4)(d). Safe storage, transportation and disposal of hazardous substances and waste. The Committee notes that the Government does not provide information on the application of this provision of the Convention. The Committee recalls the importance of protecting workers from the harmful effects of the handling and disposal of hazardous substances (see 2017 General Survey, paragraphs 386–393). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that national laws and regulations specify requirements for the safe storage, transportation and disposal of hazardous substances used in the mining process and waste produced at the mine in the Federation of BiH.

Article 5(4)(e). Sanitary facilities. The Committees notes that the Government does not provide information on the provision of sanitary facilities. The Committee recalls that adequate welfare facilities play an important role in preventing work-related communicable diseases and exposure to hazards (see 2017 General Survey, paragraphs 397–401). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that national laws and regulations specify an obligation to supply at mining sites sufficient sanitary conveniences and facilities to wash, change and eat, and to maintain them in hygienic condition in the Federation of BiH.

Issues concerning the Republika Srpska

Article 3 of the Convention. National policy. The Committee notes the Government’s indication that the Law on OSH (OG 01/08 and 13/10), a coherent national policy on safety and health, applies to all economic activities and does not exclude any sector. The Committee requests the Government to indicate the manner in which it is ensured that issues of OSH specific to mining are taken into account in the national OSH policy in the Republika Srpska.

Issues common to the Federation of BiH, the Republika Srpska and the Brčko District

Article 12. Two or more employers undertaking activities at the same mine. With reference to its comments above on the application of Article 17 of Convention No. 155, the Committee notes that the Government does not indicate the manner in which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations. The Committee requests the Government to provide further information on the manner in which effect is given to the requirement of Article 12 of the Convention, according to which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.

2. Safety and health in agriculture (Convention No. 184)

Federation of BiH

Article 4. National policy. The Committee notes the Government’s indication that the planned adoption of a new OSH law would create the conditions for the formulation of a policy on OSH in agriculture. The Committee requests the Government to take the necessary measures to formulate, carry out and periodically review a coherent national policy on safety and health in agriculture in the light of national conditions and practice and after consulting the representative organizations of employers and workers concerned in the Federation of BiH. The Committee also requests the Government to provide a copy of the new law on OSH, once adopted.

Article 11. Handling and transport of materials. The Committee notes that sections 25 (working conditions) and 29 (medical examinations) of the Law on OSH (OG 22/90), to which the Government refers, are general provisions that do not give effect to this provision of the Convention. The Committee requests the Government to provide information on the requirements established by the competent authority, after consulting the representative organizations of employers and workers concerned, for the handling and transport of materials, particularly on manual handling, in the Federation of BiH.

Articles 12 and 13. Sound management of chemicals. The Committee notes that the information provided by the Government does not allow to assess the effect given to these provisions of the Convention in the Federation of BiH. In particular, the Government does not indicate if the competent authority has taken measures to ensure that: (a) there are preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking; (b) there is a system establishing criteria for the importation, classification, packaging and labelling of chemicals used in agriculture and for their banning or restriction; (c) those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture comply with national or other recognized safety and health standards, and provide adequate and appropriate information to users; and (d) there is a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals. The Committee requests the Government to provide information on the measures taken in this respect in the Federation of BiH.

Issues concerning the Republika Srpska

Article 4. National policy. The Committee notes the Government’s indication that the Law on OSH (OG 01/08 and 13/10), a coherent national policy on safety and health, applies to all economic activities and does not exclude any sector. The Committee recalls that a national policy on OSH in agriculture can be a component of a broader national OSH policy, on condition that it contains specific elements and priorities relating to improving occupational safety and health in the agricultural sector. The Committee requests the Government to provide further information on the elements of the national policy relating specifically to agriculture in the Republika Srpska.

Issues concerning the Brčko District

Article 4 of the Convention. National policy. The Government indicates that no measures have been taken to formulate an OSH policy in agriculture. The Committee requests the Government to take the necessary measures to formulate, carry out and periodically review a coherent national policy on safety and health in agriculture in the light of national conditions and practice and after consulting the representative organizations of employers and workers concerned in the Brčko District.

Article 7(c). Employer’s obligation to evacuate workers as appropriate. The Committee notes the Government’s indication that, pursuant to sections 12 and 13 of the Law on OSH (OG 01/15) the employer is required to: (a) carry out appropriate risk assessments; (b) ensure that adequate and appropriate training and comprehensible instructions on safety and health are provided to workers; and (c) take immediate steps to stop any operation where there is an imminent and serious danger to safety. However, the Committee notes that no reference to the employer’s obligation to evacuate workers as appropriate is contained in these provisions. The Committee requests the Government to provide specific information on the measures taken in this respect in the Brčko District.

Articles 11, 12 and 13. Handling and transport of materials. Sound management of chemicals. The Committee notes that the report of the Government is silent on the application of these provisions of the Convention in the Brčko District. The Committee requests the Government to provide information on the measures taken in this respect in the Brčko District.

Articles 14 and 15. Animal handling and protection against biological risks. Agricultural installations. The Committee notes that the Government does not indicate if measures are taken to ensure that: (a) risks such as those of infection, allergy or poisoning are prevented or kept to a minimum when biological agents are handled, and activities involving animals, livestock and stabling areas comply with national or other recognized health and safety standards; and (b) the construction, maintenance and repairing of agricultural installations is done in conformity with national laws, regulations and safety and health requirements. The Committee requests the Government to provide information on the measures taken in this respect in the Brčko District.

Issues common to the Federation of BiH and the Brčko District

Article 6(2). Two or more employers undertaking activities simultaneously at one workplace. The Committee refers to its comments above on the application of Article 17 of Convention No. 155.

Issues common to the Federation of BiH, the Republika Srpska and the Brčko District

Article 16. Young workers and hazardous work. With regard to the Republika Srpska, the Committee notes that section 103 of the Labour Law (OG 01/16) prescribes that a worker under the age of 18 may not be assigned any jobs regarded as jobs posing an increased risk, or physically demanding work, underground or underwater work, or any other work likely to pose an increased risk to their life, health and mental and physical development. Paragraph 2 of the same section prescribes that such work shall be defined in a Rulebook passed by the Ministry of Labour. The Government’s indicates that the abovementioned Rulebook on the jobs which may not be assigned to young workers entered into force on 18 October 2016 and contains a list of hazardous types of work. The Committee requests the Government to indicate if work in agriculture is included in the list of hazardous work that cannot be assigned to workers under the age of 18. With respect to the Federation of BiH and the Brčko District, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 19. Welfare and accommodation facilities. The Committees notes that the Government does not provide relevant information on the provision of adequate welfare and accommodation facilities in agricultural undertakings. The Committee recalls that adequate welfare facilities play an important role in preventing work-related communicable diseases and exposure to hazards, with a considerable impact on public health (see General Survey, 2017, paragraphs 397–401). The Committee requests the Government to provide information on the measures taken or envisaged in the Republika Srpska, the Federation of BiH and the Brčko District to ensure the provision of adequate welfare facilities at no cost to the worker in agricultural undertakings and the specification of minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking.

The Committee recalls that the Government can avail itself of the technical assistance of the Office concerning the issues raised in the application of the above Conventions.

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

The Committee notes that the report of the Government is silent on the application of the Convention in the Brčko District. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that effect is given to each provision of the Convention in the Brčko District.

Federation of Bosnia and Herzegovina

Articles 3(2), 9, 10, 11, 12 and 15(1) of the Convention. National legislation for the prevention, control and protection of workers against exposure to asbestos. The Committee notes that the Rulebook on Yugoslav standard for maximum allowable concentrations of harmful gases, vapours and aerosols (OG of SFRJ 54/91) prescribes the maximum allowable concentration of asbestos in the atmosphere in the workplace. However, the Government does not indicate if: (a) the national legislation is periodically reviewed in light of the technical progress and advances in scientific knowledge; (b) the national legislation provides that the exposure to asbestos shall be prevented or controlled by prescribing adequate engineering controls and work practices and/or by prescribing special rules and procedures for the use of asbestos; (c) the national legislation provides for the replacement or total or partial prohibition of asbestos, where necessary to protect the health of workers and technically practicable; (d) the use of crocidolite is prohibited; or (e) the spraying of asbestos is prohibited. The Committee requests the Government to provide information in this respect with regard to the Federation of Bosnia and Herzegovina (BiH).

Articles 15(4) and 18. Protective equipment and work clothing. The Committee notes the Government’s indication that, pursuant to section 8 of the Law on Occupational Safety and Health (OG 22/90), the employer is required to provide personal protective equipment to workers if the danger and hazards to which they are exposed cannot be otherwise eliminated. However, the Government does not indicate if: (a) the handling and cleaning of used work and special protective clothing is carried out under controlled conditions; (b) national legislation prohibits the taking home of work and special protective clothing and of personal protective equipment; (c) the employer is responsible for the cleaning, maintenance and storage of work clothing, special protective clothing and personal protective equipment; (d) the employer provides facilities for workers exposed to asbestos to wash, take a bath or shower at the workplace; or (e) the employer provides, maintains and replaces adequate respiratory protective equipment and special protective clothing at no cost to the workers. The Committee requests the Government to provide information on the measures taken in this respect in the Federation of BiH.

Republika Srpska

Article 17. Demolition of plants and structures and removal of asbestos. The Committee notes the Government’s indication that in the Republika Srpska there are no specialized companies for performing the demolition of plants and structures in which asbestos fibres are present, nor does the legislation provide for special requirements for this type of work. The Committee requests the Government to take the necessary measures to ensure that the demolition of plants or structures containing friable asbestos insulation materials, and removal of asbestos from buildings or structures in which asbestos is liable to become airborne, are undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work and who have been empowered to undertake such work in the Republika Srpska.

Issues common to the Federation of BiH and the Republika Srpska

Article 15(2). Periodic review and update of limits for the exposure of workers to asbestos. The Committee notes that the Government does not indicate if the exposure limits for the maximum allowable concentration of asbestos in the atmosphere of working premises established in the Rulebook on Yugoslav standard for maximum allowable concentrations of harmful gases, vapours and aerosols (OG of SFRJ 54/91) are periodically reviewed and updated in light of technological progress and advances in technological and scientific knowledge. The Committee requests the Government to provide information in this respect with regard to the Republika Srpska and the Federation of BiH.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

The Committee notes that the Government’s report does not contain any information concerning the application of the Convention both in law and in practice and, more specifically, does not respond to the comments raised by the Committee in its previous session. The Committee therefore repeats its previous request that the Government provide a copy of the Order on Safety Machines (No. 04/10), in a working language of the ILO, if possible, and to provide a detailed report indicating the specific provisions in national legislation that give effect to each requirement of the Convention, in the Federation of Bosnia and Herzegovina, the Republika Srpska and the Brcko District. 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 Convention.

Part V of the report form. Application in practice. The Committee notes that the attached extract from the 2010 report of the Federal Administration for Inspection does not include relevant statistics on the application of the Convention. The Committee therefore reiterates its request that the Government provide a general appreciation of 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.

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

Legislation. The Committee notes that the Government’s report does not contain any information concerning the application of the Convention in the Republika Srpska and the Brcko District. The Committee notes the information concerning the Federation of Bosnia and Herzegovina, and in particular the provisions of the Law on Occupational Safety and Health (No. 22/90) and the Rulebook on the Requirements to Establish Workplaces with Special Working Conditions and Medical Examinations of Workers in Such Workplaces, which appear to give effect to Articles 9, 10, 11 and 13 of the Convention. The Committee reiterates its request that the Government indicate the specific provisions in law, concerning exposure to benzene and products containing benzene, which give effect to each requirement of the Convention, in the Federation of BiH, the Republika Srpska and the Brcko District. The Committee also requests the Government to make available copies of the relevant legislation, in one of the working languages of the ILO, if possible. 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 Convention.

Part IV of the report form. Application of the Convention in practice. The Committee notes that the attached extract from the 2010 report of the federal administration for Inspection does not include relevant statistics on the application of the Convention. The Government also refers to a summary of the 2011 report on the labour inspection, which has not been attached. The Committee therefore reiterates its request that the Government provide a general appreciation of 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 occupational accidents and diseases reported.

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

Legislation. The Committee notes that the Government’s report does not contain any information concerning the application of the Convention in the Republika Srpska and the Brcko District. The Committee notes the information concerning the Federation of Bosnia and Herzegovina, and in particular the provisions of the Law on occupational safety and health (No. 22/90), which appear to give effect to Articles 3 and 4 of the Convention. The Committee reiterates its request that the Government indicate the specific provisions in law, concerning exposure to carcinogenic substances, which give effect to each requirement of the Convention, in the Federation of BiH, the Republika Srpska and the Brcko District. The Committee also requests the Government to make available copies of the relevant legislation, in one of the working languages of the ILO, if possible. 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 Convention.

Article 1 of the Convention. Periodical determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control. The Government has previously indicated that carcinogenic substances and agents are defined by health protection regulations. The Committee requests the Government to indicate the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorisation or control; and to indicate how these are periodically determined.

Article 2. Efforts to have carcinogenic substances and agents replaced. The Government has previously indicated that no specific measures have been undertaken to ensure the use of substitute non-carcinogenic substances or agents. The Committee requests the Government to indicate the efforts undertaken to have carcinogenic substances and agents to which workers may be exposed in the course of their work replaced by non-carcinogenic substances or agents or by less harmful substances or agents.

Article 5. Medical examinations during the period of employment and thereafter. The Committee notes the reference by the Government to the provisions of the Law on occupational safety and health in the Federation of BiH, which provide for appropriate medical examinations for workers assigned to workplaces with special working conditions. The Committee asks the Government to indicate the measures, in law and in practice, which ensure that workers are provided with such medical examinations or biological or other tests or investigations as are necessary to evaluate their state of health in relation to occupational hazards, not only during the period of employment but also thereafter.

Part IV of the report form. Application of the Convention in practice. The Committee notes that the attached extract from the 2010 report of the federal administration for inspection does not include relevant statistics on the application of the Convention. The Government also refers to a summary of the 2011 report on labour inspection, which has not been attached. The Committee therefore reiterates its request that the Government provide a general appreciation of 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 occupational diseases reported.

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

Legislation. The Committee notes that the Government’s report does not contain any information concerning the application of the Convention in the Republika Srpska, and that the Government’s previous reports have provided varied application of the Convention in relation to the Federation of Bosnia and Herzegovina and the Brcko District. The Committee reiterates its request that the Government indicate the specific provisions in law, which give effect to each requirement of the Convention, in the Federation of BiH, the Republika Srpska and the Brcko District. The Committee also requests the Government to make available copies of the relevant legislation, in one of the working languages of the ILO, if possible. 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 Convention.

Part IV of the report form. Application of the Convention in practice. The Committee notes that the attached extract from the 2010 report of the federal administration for inspection does not include relevant statistics on the application of the Convention. The Government also refers to a summary of the 2011 report on labour inspection, which has not been attached. The Committee therefore reiterates its request that the Government provide a general appreciation of 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 occupational accidents and diseases reported.

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

Legislation. The Committee notes the information provided by the Government in its report, including the new Law on Health Care (Official Gazette of the Federation of BiH, No. 46/10), which provides for social health care at the level of the employer. The Committee notes however, that the Government’s report does not contain any information concerning the application of the Convention in the Republika Srpska and the Brcko District, and that the information provided concerning the Federation of Bosnia and Herzegovina is varied in terms of application of the Convention. The Committee therefore reiterates its request that the Government indicate the specific provisions in law which give effect to each requirement of the Convention, in the Federation of BiH, the Republika Srpska and the Brcko District. The Committee also requests the Government to make available copies of the relevant legislation, and in particular the new Law on Health Care (No. 46/10), in one of the working languages of the ILO, if possible. 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 Convention.

Article 2 of the Convention. National policy. With reference to its comment under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee reminds the Government that the national policy required under Article 2 of the Convention is to be formulated in light of national conditions and practice, and that this could include the formulation of harmonized national policies in each entity and the Brcko District. In this regard, the Committee requests the Government to provide information in its next report concerning the formulation of a policy on occupational health services, for each entity and district, and to indicate the manner in which consultation with the most representative organizations of employers and workers was undertaken in this regard.

Article 15. Requirement to inform occupational health services of occurrences of illness and absence from work for health reasons. The Committee notes the concern raised by the Government with regard to making available to the employer data on occupational diseases for which a worker is absent from work. The Committee notes however, that Article 15 does not entail that confidential data concerning the health of the worker be made available to the employer. In this regard, the Committee asks the Government to provide information on the measures taken to ensure that occupational health services shall be informed of occurrences of ill health amongst workers and absence from work for health reasons, in order to be able 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.

Part VI of the report form. Application of the Convention in practice. The Committee notes that the Government has not provided specific information on how the Convention is applied in the country. The Committee therefore reiterates its request that the Government provide a general appreciation of 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 occupational accidents and diseases reported.

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

The Committee notes the brief report provided by the Government, which indicates varied application of the Convention through general provisions of the Law on Occupational Safety and Health (No. 22/90) of the Federation of Bosnia and Herzegovina. The Committee notes that despite its previous request, the Government has not provided a detailed report on the application of the Convention in the Republika Srpska and the Brcko District. In addition, the Committee notes with concern that measures do not appear to have been taken, in law and in practice, for the prevention and control of, and protection of workers against, the specific health hazards due to occupational exposure to asbestos. The Committee therefore urges the Government to take the necessary measures to give effect to each requirement of the Convention, in the Federation of BiH, the Republika Srpska and the Brcko District, and to provide detailed information on the subject. 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 Convention.

Part V of the report form. Application of the Convention in practice. The Committee notes that the attached extract from the 2010 report of the Federal Administration for Inspection does not include relevant statistics on the application of the Convention. The Government also refers to a summary of the 2011 report on labour inspection, which has not been attached. The Committee therefore reiterates its request that the Government provide a general appreciation of 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 occupational accidents and diseases reported.

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

Legislation. The Committee notes the information that the area of occupational safety and health (OSH) in the Federation of Bosnia and Herzegovina is still governed by the regulations overtaken from the former country and that the current system in Bosnia and Herzegovina encompasses legal rules and regulations, whereas collective agreements are less concerned with OSH issues. The Committee welcomes the information that new legislation in this area is being prepared, and that during this process consultations are being held with the representative organizations of employers and workers and other stakeholders in round table discussions, as well as in the context of sessions of the Economic and Social Council of the Federation of BiH. The Committee requests the Government to take due account of the obligations undertaken through ratification of the present Convention in the context of the preparation of the new legislation and to keep the Office informed of any progress in this respect.

Article 1(a) of the Convention. Definition of a national policy. Article 3. Formulating a national policy. The Committee notes the information that there is no OSH policy at the national level as the Federation of BiH, the Republika Srpska and the Brcko District are responsible for applying their own law and practice in this area, and that the Government states that the constitutional order of Bosnia and Herzegovina and the jurisdiction of the entities and district prevent the formulation of national policies in the field of OSH. In this respect the Committee refers to its comment this year regarding the application by Bosnia and Herzegovina of Article 4 of the Occupational Safety and Health Convention, 1981 (No. 155), where 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 in accordance with the principles contained in Article 4 of the Occupational Safety and Health Convention, 1981, (No. 155), 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 the provisions of the Convention.

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

Legislation. The Committee takes note of the Government’s brief first report on the application of the Convention. The Committee notes that the legislation and administrative regulations which the Government has indicated as applying the provisions of the Convention are general in nature and do not appear to fully cover the specific requirements concerning the prevention of major industrial accidents contained in the Convention. The Committee notes the information provided demonstrating partial application of Articles 20 and 21 of the Convention in the Federation of Bosnia and Herzegovina (BiH). The Committee notes however, that the Government’s report is silent on the application of the Convention in the Republika Srpska and the Brcko District. The Committee asks the Government to provide a detailed report indicating the specific provisions in national legislation that give effect to each requirement of the Convention, in the Federation of BiH, the Republika Srpska and the Brcko District. 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 Convention.

Article 4. National policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee notes that a national policy regarding the protection of workers from the risks of major accidents has not been formulated. In this respect the Committee refers to its comment this year regarding the application by Bosnia and Herzegovina of Article 4 of the Occupational Safety and Health Convention, 1981 (No. 155), where the Committee draws the Government’s attention to paragraphs 54–63 of the 2009 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 policy concerning the protection of workers, the public and the environment against the risk of major accidents is formulated, for each entity and district, in consultation with the most representative organizations of employers and workers.

Part V of the report form. Application of the Convention in practice. The Committee notes the overview of occupational accidents in all activities in the Federation of BiH, and in particular notes that there were 90 serious and seven fatal accidents in 2011. The Committee asks the Government to provide a general appreciation of 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 measures giving effect to the Convention, the number and nature of the infringements reported, and the number, nature and cause of accidents reported concerning major hazard installations.

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

Article 3 of the Convention. A coherent policy on safety and health in mines. The Committee notes that a national policy on safety and health in mines has not been formulated but that section 5 of the Law on Occupational Safety and Health (OSH) of the Republika Srpska provides that the Committee for occupational safety and health systematically monitor the status of OSH, and identify, propose, lead and periodically review the OSH policy. In this respect the Committee refers to its comment this year regarding the application by Bosnia and Herzegovina of Article 4 of the Occupational Safety and Health Convention, 1981, (No. 155) where the Committee draws the Government’s attention to paragraphs 54–63 of the 2009 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. The Committee asks the Government to ensure that a coherent policy on safety and health in mines is formulated, for each entity and district, in consultation with the most representative organizations of employers and workers.

Article 4. National laws and regulations. The Committee notes the legislation and administrative regulations which the Government has indicated apply the provisions of the Convention, including the Mining Law of the Federation of Bosnia and Herzegovina (BiH) (Official Gazette, No. 26/10), the Mining Law of the Republika Srpska (No. 59/12) and the regulations of the Socialist Federal Republic of Yugoslavia. The Committee notes the requirement under the Law on Mining of the Republika Srpska, that the Minister of Industry, Energy and Mining adopt regulations to prescribe technical and occupational measures, and that until the adoption of these regulations, the bylaws in force at the date of enactment of the Mining Law shall apply. The Committee notes the information provided by the Government demonstrating varied application of Articles 2, 5(1), 6–11, 13(1) and 14–16 of the Convention in the Federation of BiH, and Articles 1, 2, 4, 5–11 and 13–16 of the Convention in the Republika Sprska. The Committee notes that the Government’s report is silent on the national laws and regulations which ensure application of the Convention in the Brcko District. The Committee asks the Government to provide detailed information on the application of each of the provisions of the Convention in the Brcko District and to provide further information on the full effect given to the provisions of the Convention concerning the Federation of BiH and the Republika Srpska. The Committee requests the Government to make available copies of the relevant legislation, in one of the working languages of the ILO, if possible. 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 Convention.

Part V of the report form. Application of the Convention in practice. The Committee notes the overview of occupational accidents in all activities in the Federation of BiH, and notes that the number of workers in mining and quarrying activities has increased in both the Federation of BiH and the Republika Srpska since 2006. The Committee asks the Government to provide a general appreciation of 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 measures giving effect to the Convention, the number and nature of the infringements reported, and the number, nature and cause of accidents reported concerning mining activities.

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

Legislation. The Committee notes the information provided by the Government in its first report, and in particular notes the general occupational safety and health legislation which the Government has indicated applies the provisions of the Convention. The Committee notes the information provided by the Government demonstrating varied application in relation to Articles 5–8(1), 9(1)–(2), 13–15, 17, 18, 20 and 21 of the Convention in the Federation of Bosnia and Herzegovina, and Articles 5, 6–8(1), 9(3), 10(b), 12(a), 14, 15, 17, 18, 20 and 21 in the Republika Sprska. The Committee notes that the Government’s report refers sporadically to effect given to some of the provisions of the Convention in the Brcko District. The Committee asks the Government to provide more detailed information on the application of the Convention in the Brcko District and to provide further information on the full effect given to the provisions of the Convention concerning the Federation of BiH and the Republika Srpska. The Committee requests the Government to make available copies of the relevant legislation, in one of the working languages of the ILO, if possible. 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 Convention.

Article 4 of the Convention. A coherent national policy on safety and health in agriculture. The Committee notes that a national policy on safety and health in agriculture has not been formulated but that section 5 of the Law on Occupational Safety and Health (OSH) of the Republika Srpska provides that the Committee for occupational safety and health systematically monitors the status of OSH, and identifies, proposes, leads and periodically reviews the OSH policy. In this respect the Committee refers to its comment this year regarding the application by Bosnia and Herzegovina of Article 4 of the Occupational Safety and Health Convention, 1981, (No. 155), where 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. The Committee asks the Government to ensure that a coherent policy on safety and health in agriculture is formulated, for each entity and district, in consultation with the most representative organizations of employers and workers.

Article 16. Young workers and hazardous work. The Committee notes that according to legislation, in both the Federation of BiH and the Republika Srpska, persons between 15 and 18 years of age may be employed in work. In addition, the Committee notes that according to the Labour Law of the BiH, minors cannot work in certain activities that could adversely affect their life and health, including heavy physical work. The Government also indicates that according to provisions in the Labour Law of the Republika Srpska, persons under the age of 18 years cannot perform certain types of work which entail an increased danger of injuries or health hazards. The Committee notes that the information provided does not indicate whether the above categories of work, in which minors, and persons under 18 years of age, are restricted from working, include assignment to work in agriculture. The Committee requests the Government to ensure that measures are taken to give full effect to the requirements of Article 16 of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee notes the overview of occupational accidents in all activities in the Federation of BiH, and notes that there were a total of 438,949 workers in 2010, of which 9,010 were involved in agriculture, hunting and forestry. In the Republika Srpska, there were a total of 3,190 workers in the agriculture, hunting and related service activities in 2010. The Committee asks the Government to provide a general appreciation of 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 measures giving effect to the Convention, the number and nature of the infringements reported, and the number, nature and cause of accidents reported concerning agricultural activities.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with interest the information provided by the Government in its latest report, which indicates that the Order on Safety of Machines (Official Bulletin of Bosnia and Herzegovina, No. 04/10), transposing Machinery Directive 98/37/EC, was published in 2010 with a transitional period of two years, and that it contains a list of Bosnia and Herzegovinian standards pertaining to safety of machines. [The Committee notes that this Directive has since been replaced by Machinery Directive 2006/42/EC.] The Committee further notes that the report does not provide any responses on the application of the Convention in the Republic of Srpska, and that the Government has at times indicated varied application in the Federation of Bosnia and Herzegovina and in the Brcko district, and that, in light of this, effect does not appear to have been given to a number of provisions of the Convention across all three entities. The Committee asks the Government to provide a copy of the abovementioned Order No. 04/10 with its next report and to indicate the specific provisions in law that give effect to each requirement of the Convention across all three entities. Referring also to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee hopes that the Government will seek technical assistance from the Office for the development of legislation giving effect to the provisions of the Conventions ratified by Bosnia and Herzegovina, and regarding the reporting obligations associated with such ratifications.

Part V of the report form. Application in practice. The Committee notes that the Government has referred to attached reports from the Federal Administration for Inspection of the Federation of Bosnia and Herzegovina, and that, while these reports give an interesting overview of labour inspection in this entity, they do not provide specific information on the application of this Convention in practice across all three entities – the Federation of Bosnia and Herzegovina, the Republika of Srpska and the Brcko District. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and in each of the three entities, and to provide, where such statistics exist, information 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.

[The Government is asked to report in detail in 2012.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in its latest report, which indicates that no special measures have been undertaken for securing the use of harmless or less harmful substitute products instead of benzene or products containing benzene. The Committee further notes that the report does not provide any responses on the application of the Convention in the Republic of Srpska and in the Brcko District, and that the Government has at times indicated varied application in the Federation of Bosnia and Herzegovina. In light of this, effect does not appear to have been given to a number of provisions of the Convention across all three entities. The Committee asks the Government to indicate the specific provisions in law, concerning exposure to benzene and products containing benzene, which give effect to each requirement of the Convention across all three entities. Referring also to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee hopes that the Government will seek technical assistance from the Office for the development of legislation giving effect to the provisions of the Conventions ratified by Bosnia and Herzegovina, and regarding the reporting obligations associated with such ratifications.

Part IV of the report form. Application in practice. The Committee notes that the Government has referred to attached reports from the Federal Administration for Inspection of the Federation of Bosnia and Herzegovina and that, while these reports give an interesting overview of labour inspection in this entity, they do not provide specific information on the application of this Convention in practice across all three entities – the Federation of Bosnia and Herzegovina, the Republika of Srpska and the Brcko District. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and in each of the three entities, and to provide, where such statistics exist, information 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 and occupational diseases reported.

[The Government is asked to report in detail in 2012.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in its latest report, which indicates the application of some of the provisions of the Convention in the Federation of Bosnia and Herzegovina. The Committee notes, however, that the report does not provide any responses on the application of the Convention in the Republic of Srpska and in the Brcko District and that, in light of this, effect does not appear to have been given to a number of provisions of the Convention across all three entities. The Committee asks the Government to indicate the specific provisions in law concerning exposure to carcinogenic substances or agents, which give effect to each requirement of the Convention across all three entities. Referring also to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee hopes that the Government will seek technical assistance from the Office for the development of legislation giving effect to the provisions of the Conventions ratified by Bosnia and Herzegovina, and regarding the reporting obligations associated with such ratifications.

Part IV of the report form. Application in practice. The Committee notes that the Government has referred to attached reports from the Federal Administration for Inspection of the Federation of Bosnia and Herzegovina, and that, while these reports give an interesting overview of labour inspection in this entity, they do not provide specific information on the application of this Convention in practice across all three entities – the Federation of Bosnia and Herzegovina, the Republika of Srpska and the Brcko District. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and in each of the three entities, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of occupational diseases reported.

[The Government is asked to report in detail in 2012.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in its latest report indicating that a draft law on work protection has been developed for the Brcko District. The Committee also notes that the report does not provide any responses on the application of the Convention in the Republic of Srpska, and that the Government has at times indicated varied application in the Federation of Bosnia and Herzegovina and in the Brcko District, and that in light of this, effect does not appear to have been given to a number of provisions of the Convention across all three entities. The Committee asks the Government to indicate the specific provisions in law, concerning exposure to hazards due to air pollution, noise and vibrations, which give effect to each requirement of the Convention across all three entities. Referring also to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee hopes that the Government will seek technical assistance from the Office for the development of legislation giving effect to the provisions of the Conventions ratified by Bosnia and Herzegovina, and regarding the reporting obligations associated with such ratifications.

Part IV of the report form. Application in practice. The Committee notes that the Government has referred to attached reports from the Federal Administration for Inspection of the Federation of Bosnia and Herzegovina and that, while these reports give an interesting overview of labour inspection in this entity, they do not provide specific information on the application of this Convention in practice across all three entities – the Federation of Bosnia and Herzegovina, the Republika of Srpska and the Brcko District. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and in each of the three entities, and to provide, where such statistics exist, information 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 and occupational diseases reported.

[The Government is asked to report in detail in 2012.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in its latest report, which indicates that occupational safety and health and the working environment in Bosnia and Herzegovina has been complicated by the transition process and by application of previous regulations in the area of OSH resulting in incomplete harmonization of regulations with international standards. The Committee further notes that while the report does not make any references to the application of the Convention in the Republic of Srpska, the Government has indicated the intention to establish new OSH regulations in the Federation of BiH, and that a draft law on work protection has been developed for the Brcko District. The Committee notes that despite the information provided by the Government in its report, effect does not appear to have been given to the majority of the provisions of the Convention across all three entities. The Committee therefore invites the Government to make a formal request to the Office for technical assistance in the development of legislation giving effect to the provisions of the Conventions ratified by Bosnia and Herzegovina, and regarding the reporting obligations associated with such ratifications. The Committee also asks the Government to provide a detailed report on the application of each provision of this Convention, in law and in practice, in each of the three entities – the Federation of BiH, the Republic of Srpska and the Brčko District.

Part V of the report form. Application in practice. The Committee notes the information in the 2008 report of the labour inspectorate for the Federation of BiH, attached to the Government’s report, which indicates that there were a total of 102 workplace accidents, of which 92 were serious and ten fatal. The Committee further notes that the construction, metallurgy and forestry industries have the highest number of workplace accidents, and that such accidents are often caused by non-performance of the prescribed OSH measures, lack of training and qualifications of workers and non-use of personal protective equipment. The Committee asks the Government to continue to provide information on the application of the Convention, both at the national level and across each of the three entities.

[The Government is asked to report in detail in 2012.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in its latest report, which indicates that a new Health Protection Law, with significant emphasis on occupational health services, has been envisaged for the Federation of Bosnia and Herzegovina. The Committee also notes that the report does not provide any responses on the application of the Convention in the Republic of Srpska or in the Brcko District, and that the Government has at times indicated varied application in the Federation of Bosnia and Herzegovina. In light of this, effect does not appear to have been given to a number of provisions of the Convention across all three entities. The Committee asks the Government to indicate the specific provisions in law that give effect to each requirement of the Convention across all three entities. The Committee further reminds the Government that the national policy required under Article 2 of the Convention is to be formulated in light of national conditions and practice, and that this could include the formulation, implementation and periodical review of harmonized national policies in each entity. Referring also to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee hopes that the Government will seek technical assistance from the Office for the development of legislation giving effect to the provisions of the Conventions ratified by Bosnia and Herzegovina, and regarding the reporting obligations associated with such ratifications.

Part VI of the report form. Application in practice. The Committee notes that the Government has referred to attached reports from the Federal Administration for Inspection of the Federation of Bosnia and Herzegovina, and that while these reports give an interesting overview of labour inspection in this entity, they do not provide specific information on the application of this Convention in practice across all three entities – the Federation of Bosnia and Herzegovina, the Republika of Srpska and the Brcko District. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and in each of the three entities, and to provide, where such statistics exist, information 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 and occupational diseases reported.

[The Government is asked to report in detail in 2012.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in its latest report, which reiterates that work protection regulations do not provide for special measures for protection against asbestos, but that protection is ensured by the application of the general measures on health protection at work. The Committee also notes that the report does not provide any responses on the application of the Convention in the Republic of Srpska or in the Brcko District, and that the Government has at times indicated varied application in the Federation of Bosnia and Herzegovina. In light of this, effect does not appear to have been given to a number of provisions of the Convention across all three entities. The Committee asks the Government to indicate the specific provisions in law concerning exposure of workers to asbestos, which give effect to each requirement of the Convention across all three entities. Referring also to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee hopes that the Government will seek technical assistance from the Office for the development of legislation giving effect to the provisions of the Conventions ratified by Bosnia and Herzegovina, and regarding the reporting obligations associated with such ratifications.

Part V of the report form. Application in practice. The Committee notes that the Government has referred to attached reports from the Federal Administration for Inspection of the Federation of Bosnia and Herzegovina, and that while these reports give an interesting overview of labour inspection in this entity, they do not provide specific information on the application of this Convention in practice across all three entities – the Federation of Bosnia and Herzegovina, the Republika of Srpska, and the Brcko District. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, and in each of the three entities, and to provide, where such statistics exist, information 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 and occupational diseases reported.

[The Government is asked to report in detail in 2012.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government indicates that according to its constitution international agreements ratified by the Federation have direct effect in the Federation and are thus an integral part of its legislation. In this regard, the Committee would recall that the existence of constitutional provisions giving direct effect to treaties does not replace the obligation to enact texts implementing the Convention.

The Committee notes the Government’s brief report and the fact that none of the referenced legislation was attached thereto. Based on the information available, the Committee has not been able to evaluate the effect given to this Convention in the country. Against this background, the Committee requests the Government to provide a detailed report including information on the specific legislative provisions which give effect to each of the Articles of the Convention, and to submit copies of all relevant legislation.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from official reports with statistics, if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and causes of the accidents reported, etc. and information on any practical difficulties in the application of the Convention.

[The Government is asked to report in detail in 2010.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government indicates that, according to its Constitution, international agreements ratified by the Federation have a direct effect in the Federation and are thus an integral part of its legislation. In this regard, the Committee would recall that the existence of constitutional provisions giving direct effect to treaties does not replace the obligation to enact texts implementing the Convention.

The Committee notes that, based on the information provided in the Government’s report, it appears that only a few of the provisions of the Convention are applied in the country, and that the report is silent as regards the application of certain provisions of the Convention. The Government is requested to provide further information on measures taken, in law and in practice, to give effect to Articles 3, 5, 6, 9, 11 and 12 of the Convention and to provide information on measures taken, in law and in practice, to give effect to Article 1(1) and (3), Articles 2–4, 6–8, 11–12 and 14, of the Convention and to submit copies of all relevant legislation.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from official reports with statistics, if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and causes of the accidents reported, etc. and information on any practical difficulties in the application of the Convention.

[The Government is asked to report in detail in 2010.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government indicates that, according to its constitution, international agreements ratified by the Federation have direct effect in the Federation and are thus an integral part of its legislation. In this regard, the Committee would recall that the existence of constitutional provisions giving direct effect to treaties does not replace the obligation to enact texts implementing the Convention.

The Committee notes the Government’s brief report and the fact that none of the referenced legislation was attached thereto. Based on the information available the Committee has not been able to evaluate the effect given to this Convention in the country. Against this background, the Committee requests the Government to provide a detailed report, including information on the specific legislative provisions which give effect to each of the Articles of the Conventions, and to submit copies of all relevant legislation.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from official reports with statistics, if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and causes of the accidents reported, etc. and information on any practical difficulties in the application of the Convention.

[The Government is asked to report in detail in 2010.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government indicates that, according to its constitution, international agreements ratified by the Federation have direct effect in the Federation and are thus an integral part of its legislation. In this regard, the Committee would recall that the existence of constitutional provisions giving direct effect to treaties does not replace the obligation to enact texts implementing the Convention.

The Committee notes the Government’s brief report and the fact that none of the referenced legislation was attached thereto. Based on the information available the Committee has not been able to evaluate the effect given to this Convention in the country. Against this background, the Committee requests the Government to provide a detailed report including information on the specific legislative provisions which give effect to each of the Articles of the Convention, and to submit copies of all relevant legislation.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from official reports with statistics, if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and causes of the accidents reported, etc. and information on any practical difficulties in the application of the Convention.

[The Government is asked to report in detail in 2010.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government indicates that, according to its constitution, international agreements ratified by the Federation have direct effect in the Federation and are thus an integral part of its legislation. In this regard, the Committee would recall that the existence of constitutional provisions giving direct effect to treaties does not replace the obligation to enact texts implementing the Convention.

The Committee notes the Government’s brief report and the fact that none of the referenced legislation was attached thereto. Based on the information available the Committee has not been able to evaluate the effect given to this Convention in the country. Against this background, the Committee requests the Government to provide a detailed report including information on the specific legislative provisions which give effect to each of the Articles of the Conventions, and to submit copies of all relevant legislation.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from official reports with statistics, if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and causes of the accidents reported, etc. and information on any practical difficulties in the application of the Convention.

[The Government is asked to report in detail in 2010.]

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. Scope of application. The Committee notes the information that the legislation listed in the Government’s first report implements the Convention and provides for the required protection for all workers. It is not entirely clear for the Committee, however, whether all workers and all branches of economic activity in the different entities in Bosnia and Herzegovina are covered by relevant protective legislation, and, in particular, whether public employees and public service are covered. The Committee requests the Government to clarify measures taken to give effect to the Convention as regards the application of the legislation to all branches of economic activity, and whether relevant national legislation covers public employees and public services in the Federation of Bosnia and Herzegovina and Brcko District.

Articles 4, 5, 7, 8 and 11, paragraphs (a), (b), (e) and (f). Formulating and implementing a national policy on occupational safety and health (OSH). The Committee notes the Government’s statement that there are no policies on OSH at country level. It indicates that the Federation, Republika Srpska and Brcko District are responsible for OSH issues related to all employed persons in their respective territories, and that the Government is in the process of preparation of the new regulations in this field. The Committee would draw the attention of the Government to the fact that a national policy shall be formulated, implemented and periodically reviewed in consultation with the most representative organizations of employers and workers. They shall thus be involved in all stages of the national policy process. The review of national policy is necessary to assess progress, but also to keep up with changes in the society, as well as technical developments. It should also be coherent by involving all relevant parties with responsibilities in the various aspects of OSH. In implementing the national policy, it must take account of the areas where such preventive action is essential in achieving these objectives. Article 5 of the Convention refers to five main spheres of OSH action including the control of the material elements of work, the adaptation of these elements to the physical and mental capacities of workers, training and qualification, communication and cooperation, and the protection from disciplinary measures of workers and their representatives, should be taken into account to fulfil the aims set forth in Article 4 of the Convention. The Committee requests the Government to provide information on measures taken in law and in practice to formulate, implement and periodically review the national policy in accordance with this Article and to ensure that the most representative organizations of employers and workers are consulted in this process.

Articles 6 and 15. Functions and responsibilities in respect of OSH of public authorities, employers, workers and others. The Committee notes the information that an OSH policy is being adopted at the level of the undertaking, and coordination is provided through programme measures of that policy with the competent authorities, in particular with labour inspectorates, unions and other concerned organizations. It also indicates that in accordance with section 2 of the Federation of the Bosnia and Herzegovina Work Protection Law, and section 4 of the Work Protection Law of the Republika Srpska, the employer is obliged to undertake the necessary means for the implementation and the promotion of the occupational safety and health. As regards section 4 of the Federation of the Bosnia and Herzegovina Work Protection Law and section 49 of the Work Protection Law of the Republika Srpska, unions have the right to take part in the arrangement, undertaking and promotion of the occupational safety of the workers in compliance with the law and regulations adopted. The Committee recalls that the policy at issue should be formulated at the national level. Furthermore, in the field of OSH, public authorities should have administrative functions with responsibilities for areas such as policy development and review, legislation enactment and enforcement, labour relations and employment, health, science, research, social protection, education, knowledge management, environment, and emergency response. In this regard, systems for coordination and cooperation between the different authorities and bodies involved in the administration of the national OSH system are necessary to ensure coherence of action at all levels and to facilitate the flow of and access to information. The assignment of this function to a central body is an effective way to enhance the performance of such systems. Mechanisms for the consultation of employers’ and workers’ organizations as well as other stakeholders and their participation in policy and legislation development and review are also needed to take their views and concerns into account and ensure their support in implementation. The Committee requests the Government to provide information on measures taken to regulate the functions and responsibilities in respect of occupational safety and health of public authorities, employers, workers and others, in accordance with Articles 6 and 15 of the Convention.

Article 9. Labour inspection and penalties. The Committee notes the information that sections 54 to 57 of the Work Protection Law of the Brcko District of Bosnia and Herzegovina provide for labour inspection systems to enforce legal provisions on conditions of work and protection of workers. Sections 64 to 68 of the same law provide for penalties. The Government also indicates that inspection authorities are responsible for providing employers and workers with special expertise in order to help them in fulfilling their legal obligations. However, the Government’s report does not reflect the enforcement of laws and regulations concerning OSH as regards the Federation of Bosnia and Herzegovina nor provisions made for adequate penalties for violations of laws and regulations. The Committee requests the Government to provide further information on the organization and functioning of the inspection services responsible for the enforcement of law and regulations concerning OSH, in particular in the Federation of Bosnia and Herzegovina and in the Republika Srpska.

Article 10. Measures taken to provide guidance to employers and workers. The Committee notes the information that no special measures have been undertaken in order to give effect to the provision of this Article but that the inspection authorities are responsible for providing employers and workers with expert assistance in order to help them in the fulfilment of their legal obligations. The Committee draws the attention of the Government to the importance of using further means of guidance and information, such as national specialized bodies capable of handling and disseminating large flows of data, such as central OSH agencies and dedicated institutes, occupational health services, as well as vocational education systems often established by organizations of employer and workers. Professional associations and approved technical certification bodies have also an information role in the process of certification of OSH-related skills. The advent of Internet and other means of electronic communication systems have greatly facilitated access to, and dissemination of, free and reliable electronic information publications through networks linking major national, regional and international agencies with responsibilities in the area of OSH. The Committee requests the Government to indicate measures taken or envisaged in law and in practice to give effect to this Article of the Convention.

Article 12. Obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that the Government refers to sections 15 to 25 of the Work Protection Law of the Republika Srpska and to sections 10 to 17 of the Work Protection Law of the Federation of Bosnia and Herzegovina. The Committee notes that it is not clear whether the referenced legislation gives effect to this Article of the Convention. The Committee requests the Government to provide information on the effect given in law and in practice to this Article of the Convention.

Articles 13 and 19(f). Right to removal. The Committee notes the information that section 65 of the Work Protection Law of the Republika Srpska and section 50 of the Work Protection Law of the Federation of Bosnia and Herzegovina as well as the article 49 of the Law on protection at work of the Brcko District provide that workers have the right to refuse to work if there is an imminent threat to their life or health. The Committee notes, however, that the Government’s report is silent on the protection of workers from undue consequences provided for in this Article. The Government is requested to indicate measures taken or envisaged to ensure that workers who remove themselves from work situations are protected from any undue consequences in accordance with Articles 13 and 19(f) of the Convention.

Article 14. Measures taken or envisaged with a view to promoting the inclusion of questions of OSH at all levels of education and training. The Committee notes that the Government refers to provisions dealing with education and training of workers at the level of the undertaking, while this Article deals with education at all levels, including higher technical, medical and professional education. The Committee would like to recall the importance of OSH education and training not only for those immediately concerned with the issue but also for the society at large. The implication here is that the acquisition of knowledge of OSH principles through national, educational and training systems is the most effective way to ensure that future employers and workers will apply these principles when they enter in the world of work. The Committee requests the Government to indicate measures taken in law and in practice to give full effect to this Article of the Convention.

Article 17. Collaboration in complying with the requirements of the Convention when two or more enterprises engage in activities simultaneously at one workplace. The Committee notes the Government refers to section 14 of the Work Protection Law of the Republika Srpska and to section 18 of the Work Protection Law of the Federation of Bosnia and Herzegovina. The Committee notes that it is not clear whether the referenced legislation gives effect to this Article of the Convention. The Committee requests the Government to provide further information on legislative or other provisions giving effect to this Article of the Convention.

Article 18. Measures to deal with emergencies and accidents, including adequate first-aid arrangements. The Committee notes that the Government states without further details that employers are legally required to take appropriate measures in order to face any emergencies and accidents, including adequate first aid arrangements. The Committee requests the Government to provide copies of relevant legislation giving effect to this provision of the Convention.

Article 20. Cooperation between management and workers and their representatives within the undertaking. The Committee notes the information that laws and regulations in Bosnia and Herzegovina give effect this Article of the Convention, without giving further specifications. The Committee requests the Government to provide copies of relevant legislation on measures adopted to give effect to this Article of the Convention.

Part V of the report form. Application in practice and labour inspection. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported, etc.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information contained in the Government’s first report. The Government is requested to submit the following additional information and clarifications.

2. Article 2 of the Convention. Adoption of a national policy. The Committee notes the Government’s statement that a single national policy on occupational health services has not been adopted due to the fact that the country is composed of two different entities and one district (the Federation of Bosnia and Herzegovina, the Republic of Srpska and the District of Brcko), for which a national policy has to be adopted for each one of them. The Committee requests the Government to provide information on measures taken to ensure that a national policy on occupational health services is adopted in accordance with Article 2 of the Convention.

3. Article 3. The establishment of occupational health services for all workers. The Committee notes the Government’s statement that it is currently revising the organization of occupational health services, including the replacement of the Department of Family Medicine that previously was responsible for occupational health services for all workers. The Committee requests the Government to provide detailed information on all measures taken to ensure the establishment of occupational health services for all workers in accordance with Article 3 of the Convention.

4. Article 9. Operation of occupational health services. The Committee notes the Government’s statement that the method and criteria concerning the composition of the personnel of the occupational health services are to be regulated by general enactment. The Committee requests the Government to provide detailed information on all measures taken to give effect to this Article.

5. Article 11. Required qualifications for occupational health personnel. The Committee notes the information stated by the Government that the qualification of the personnel providing occupational health services is to be regulated by general enactment. The Committee requests the Government to provide detailed information on all measures taken ensuring the professional independence of personnel of occupational health services.

6. The Committee notes that the report is silent as regards the application of the following Articles of the Convention: Article 5. Relationship between the functions of occupational health service sand the risks and safety requirements at the undertaking; Article 7. Organization of occupational health services; Article 8. Cooperation between the employer, the workers and their representatives; Article 10. Independence of health service personnel; Article 12. Surveillance of workers’ health; Article 13. Information on health hazards involved in the work; Article 14. Factors in the working environment affecting workers’ health; Article 15. Absence from work for health reasons; and Article 16. Competent authority. The Committee requests the Government to provide information on the application, in law and in practice, to the abovementioned Articles of the Convention.

7. Part VI of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, such as summaries of inspection reports and statistical information, including data on the number of workers covered, disaggregated by gender, if possible, and the number and nature of contraventions reported.