Guarding of Machinery Convention, 1963 (No. 119) - Serbia (Ratification: 2000)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 119 (guarding of machinery), 136 (benzene), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 155 (OSH), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction), 184 (safety and health in agriculture), and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Trade Union Confederation “Nezavisnost” on the application of Conventions Nos. 161 and 155, communicated with the Government’s report. The Committee also notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) on the application of Conventions Nos 13, 139 161, 167, 184, 187, communicated with the Government’s report.

The Committee notes the representation under article 24 of the Constitution of the ILO, presented to the Governing Body by the Building and Wood Workers’ International (BWI), the Construction Labour Union and the Thamizhaga Kattida Thozhilalargal Mathiya Sangam, and the representation presented by the BWI and the Trade Union of Construction and Building Material Industry Workers of Serbia, alleging non-observance by Serbia of a number of Conventions, including the Occupational Safety and Health Convention, 1981 (No. 155), the Safety and Health in Construction Convention, 1988 (No. 167), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). At its 347th Session (March 2023), considering that these two representations concern similar issues, the Governing Body decided that they should be examined jointly by the same tripartite committee (GB.347/INS/19/4, paragraph 6 and GB.347/INS/19/5, paragraph 6). In accordance with its past practice, the Committee has decided to suspend its examination of the application of the Conventions concerned as it relates to the specific issues of safety and health referred to in the representations.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155) and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

I. Action at the national level

Article 2(3) of Convention No. 187. Ratification of relevant occupational safety and health Conventions of the ILO. The Committee notes that Serbia ratified the Safety and Health in Agriculture Convention, 2001 (No. 184), in 2019, following tripartite consultations. The Committee requests the Government to continue providing information on the periodic consideration, in consultation with the most representative organizations of employers and workers, of the measures which could be taken to ratify relevant ILO occupational safety and health Conventions.

II. National policy

Articles 4(1), 5(a-f) and 7 of Convention No. 155 and Article 3(1) of Convention No. 187.Formulation, implementation and periodic review of a national policy on OSH in consultation with social partners. Main spheres of action. Overall review of the situation regarding occupational safety and health or review relating to specific areas. In reply to Committee’s previous request, the Government provides in its report detailed information on a series of regulations adopted or amended to address the main spheres of action that affect OSH. The Committee notes that the Government adopted the Strategy for Safety and Health at Work 2018-2022 and that a new Strategy for Safety and Health at Work 2023-2027 is being prepared. With respect to the problems regarding the implementation of risk assessments acts at the undertaking level previously identified, the Government indicates that following the Labour Inspectorate's focus on this aspect during supervision in 2022, a significant portion of employers fulfilled their legal obligation to conduct risk assessments, with 85 per cent completing them and 12 per cent initiating the process. The Government indicates however that in 2022, many employers failed to establish rights, obligations, and responsibilities in the field of OSH in employment contracts, and those who did often neglected to address specific needs, such as those of young people, women in high-risk workplaces, persons with disabilities, and of the occupationally ill. The Government indicates that only a small percentage of employers, (only 5 per cent of those with ten or fewer employees), outlined these aspects in employment contracts, while for the majority of employees, these aspects are regulated through general legislation, while a few utilized collective agreements. The Committee requests the Government to provide information on the progress made in the adoption of the Strategy for Safety and Health at Work 2023-2027. It also requests the Government to provide information on the subsequent measures taken to ensure its periodic review, at regular intervals and in consultation with the most representative workers’ and employers’ organizations concerned, as well as on the other measures taken to review the OSH situation at appropriate intervals.The Committee requests the Government to provide information on the measures taken or envisaged to deal with the identified absence of clear safety and health provisions in employment contracts, the priorities for action, and the evaluation of the results.

III. National system

Article 11(a), (b), (d) and (f) of Convention No. 155. Functions to give progressive effect to the national policy. In its previous comments, the Committee requested the Government to expose the means by which it implements each paragraph of this Article of the Convention. The Committee observes that the new Law on OSH (Official Gazette of the RS, No. 35/23) gives effect to paragraphs (a), (b) and (d) of this Article. The Committee requests the Government to indicate the manner by which effect is given to Article 11 (f), regarding the introduction or extension of systems, to examine chemical, physical and biological agents in respect of the risk to the health of workers.

Article 11(c) and (e) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Procedures for collection and analysis of data. Production of annual statistics and annual publication of information on occupational accidents and diseases. The Committee notes that under section 65 of the new Law on OSH employers are obliged to report occupational injuries and diseases to both the health insurance organization and the Directorate for Occupational Safety and Health, which then analyses this information in their annual work reports. Furthermore, section 66(2) of the Law on OSH requires the health insurance organization to submit data on occupational accidents and diseases to the Ministry of Labour, Employment, Veteran and Social Affairs. Sections 68(1) and 89(1)(10) establish an electronic Register of Work Injuries managed by the Directorate of Occupational Safety and Health, where employers and designated doctors input data using the integrated health information system. In its observations, CATUS indicates that accessibility to statistics on occupational accidents and diseases is limited as the Directorate's annual report is only available the following year. To address this, CATUS suggests the creation of a publicly accessible table on the Directorate's website with accidents-related information. The Committee requests the Government to provide its comments in this respect. It requests the Government to provide information on the functioning of the mechanism for the notification, collection and analysis of data concerning occupational injuries and diseases under the Law on OSH.

Article 12(b) of Convention No. 155. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Government indicates that, in 2022, employers largely conformed with the Rulebook on preventive measures for safety and health at work when providing work equipment and there was an increased provision of personal protective equipment to employees, leading to a higher rate of intentional use among employees. However, the Government indicates that the use of such equipment, along with work equipment and hazardous materials, was characterized by lack of proper documentation in Serbian language regarding their use and maintenance. Taking note of this information, the Committee requests the Government to provide information on the measures taken, in law and in practice, to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use make relevant information and instructions available and accessible.

Article 15(1) of Convention No. 155. Coordination between various authorities and bodies. Coherence. Regarding the manner in which it ensures appropriate coordination between the Economic and Social Council and the Council of Safety and Health at Work, the Government indicates that coordination is achieved by the fact that the members of both bodies come from the same structures, namely: CATUS, “Nezavisnost” and the Serbian Association of Employers. It also indicates that other members of the Social and Economic Council and the Council for Occupational Safety and Health come from the same ministries. Taking note of the manner in which it ensures appropriate coordination between the Economic and Social Council and the Council of Safety and Health at Work, the Committee requests the Government to indicate the manner in which it ensures appropriate coordination between these bodies and other authorities (i.e. Ministry of Health, environmental authorities, etc.) responsible for giving effect to the Convention at the national level, with a view to ensuring the coherence of the policy referred to in Article 4 of this Convention.

Article 4(3)(h) of Convention No. 187. Micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy.The Committee requests the Government to provide detailed information on any initiatives aimed at progressively improving occupational safety and health in micro-enterprises, SMEs and the informal economy.

IV. National programme

Article 5(2)(c) of Convention No. 187. Formulation and review of the national programme on OSH in consultation with the most representative organizations of employers and workers. The Committee notes that the Government formulated a national programme on OSH in the form of an Action Plan for the implementation of the Strategy for Safety and Health at Work 2018-2022. Furthermore, it notes that the Government is planning to include a similar Action Plan in the Strategy for Safety and Health at Work 2023-2027, which is currently being prepared. The Committee requests the Government to provide information regarding the progress made on the adoption of the Action Plan for the implementation of the Strategy for Safety and Health at Work 2023-2027.

V. Action at the level of the undertaking

Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Cooperation between management, workers and their representatives. In reply to Committee’s previous request, the Government indicates that sections 57-61 of the new Law on OSH determine the selection of OSH representatives, the employer’s obligation to consult, inform and cooperate with employees, their OSH representatives and the OSH committee, as well as the rights of employee’s representatives. The Committee notes in particular, that under the Law on OSH, employees, employee representatives, or the OSH committee are to be consulted in advance and in a timely manner regarding all measures that can significantly affect the safety and health of employees; organizing work safety and health at work and assigning employees to perform those tasks; and organizing training referred to in this Law. The Committee takes note of this information which addresses the Committee’s previous request.

Occupational Health Services Convention, 1985 (No. 161)

Articles 2 and 4 of the Convention. Formulation, implementation and periodical review of a coherent national policy, in consultation with the most representative organizations of employers and workers. Application in practice. In its previous comments, the Committee noted that the Strategy for Safety and Health at Work 2013-17 contained elements of a national policy on occupational health services but did not fully give effect to the requirements of Article 2 of the Convention. With reference to its comments under Convention No. 155, the Committee notes that, within the framework of the Strategy for Safety and Health at Work 2018-2022, the enhancement of occupational health is a key priority, along with the empowerment of its main stakeholder, the occupational health services. Specifically, the Committee notes that the Strategy envisages a cost-benefit analysis of contracting occupational health services to safeguard workers' well-being with the aim of identifying measures that would enhance the role of occupational health services. In its observations, the CATUS expresses concern regarding the closure of numerous occupational medicine services, which have been replaced by privately owned institutions and indicates that this shift has been facilitated by the new Law on OSH, which broadens the scope to include any health institution conducting occupational medicine activities. The CATUS emphasizes the urgent need to revive these services, advocating for the development of a national work plan and program. Moreover, it points to the need to incentivize young doctors to specialize in this field given that a significant number of occupational medicine specialists are nearing retirement. The Committee requests the Government to provide its comments in this respect. The Committeerequests the Government to provide details on the progress made in the implementation of the Strategy for Safety and Health at Work 2018-2022 with respect to occupational health services.The Committee requests the Government to provide further information on the formulation and periodic review of the national policy on occupational health services, including in the context of the upcoming adoption of the Strategy for Safety and Health at Work 2023-2027, particularly as regards their organization and operation; and on the manner in which consultation with the most representative organizations of employers and workers is undertaken in this regard.

Articles 3(1) and 5. Functions of the occupational health services and progressive development of occupational health services for all workers. In its previous comments, the Committee noted that under the previous Law on OSH several of the functions of the OSH services were limited to employees in workplaces with high risk, and noted the indications of both the Government and the CATUS that there were problems with respect to the undertaking of risk assessments and the determination of workplaces as high risk. Regarding measures to strengthen the identification and assessment of risks in the workplace, the Committee refers to its comments under Convention No. 155. The Committee notes that, under section 54 of the new Law on OSH, occupational health services shall be liable to perform a variety of functions, including risk assessments, without those functions being limited to employees in workplaces with high risk. Section 56 of the Law on OSH provides for pre and periodic medical examinations for employees in workplaces with increased risk. In its observations, the “Nezavisnost” expresses concern about the absence of consultation with occupational medicine during the preparation of risk assessments potentially impacting workplace safety evaluations. The CATUS indicates that inspectors should ask for proof of the involvement of occupational medicine service in risk assessment and apply penalties when this does not take place. The CATUS also indicates that the role of occupational medicine in health care and protection of labour rights has been undermined, a problem which was exacerbated by the COVID-19 pandemic, which has resulted in workers facing barriers in accessing diagnoses and receiving their disability benefits. The Committee requests the Government to provide its comments in this respect. It requests the Government to provide further information on the measures taken to ensure the progressive development of occupational health services, for all workers in all branches of economic activity and undertakings. The Committee requests theGovernment to indicate how it is ensured in practice that occupational health services perform functions that are adequate and appropriate to the occupational risks of the undertaking, including in the context of the application of the new Law on OSH.

Article 15. Informing occupational health services of ill health among workers and absence from work for health reasons. The Government indicates that effect to this Article is given through the general duty of cooperation between occupational health services and the OSH advisor, or the OSH associate on all issues in the field of safety and health at work, pursuant to section 50, paragraph 1, items 14 and 15 and section 54, paragraph 1, item 13 of the Law on OSH. The Committee requests the Government to provide more information on the manner in which occupational health services are informed of occurrences of ill health among workers and of absences from work for health reasons, in practice under the new Law on OSH. The Committee requests the Government to indicate how it ensures that personnel providing occupational health services are not required by employers to verify the reasons for absence from work.

Protection against specific risks

While Lead (Painting) Convention, 1921 (No. 13)

The Committee notes the information provided by the Government regarding Article 3 of the Convention (prohibition of the employment of workers under 18 years and women workers) which responds to its previous request.

Articles 1 and 2 of the Convention. In reply to Committee’s previous request, the Government has provided a copy of the Rulebook on preventive safety and health measures concerning exposure to chemical agents at the workplace. In this respect, the Committee notes that Schedule 1 of this Rulebook determines the binding limit value for exposure to lead and its inorganic compounds at 0.15 mg/m3 and Schedule 2 provides for the mandatory biological limit values and health surveillance measures with respect to lead.

In its observations, the CATUS provides a list of activities (including painting) in which lead is still used, emphasising the risk of workers’ family members being exposed as well, due to lead dust brought home from work on the employees’ clothes, hands, hair and shoes. The CATUS requests for the adoption of regulations prohibiting the use of white lead, lead sulphate and other products and the adoption of specific measures for notification of cases of lead poisoning, suspected lead poisoning and medical examination for employees. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to provide information on any measures taken to regulate the use of white lead, sulphate of lead, and all products containing these pigments, in relation to artistic painting and fine lining.

Article 5, Part III. Regulating the use of white lead, sulphate of lead and of all products containing these pigments. In reply to Committee’s previous request, the Government indicates that no regulations have been adopted to give effect to this Article of the Convention. Therefore, the Committee once again requests the Government to provide information on any measures taken for the notification of cases of lead poisoning and of suspected lead poisoning and for the medical examination of workers (Article 5, Part III).

Articles 5, Part III and 7. Notification and statistics as to morbidity and mortality with regard to lead poisoning. Application in practice. During the inspections carried out in the period 2020 to 2022, the labour inspection did not come across cases of use of lead bleach, lead sulphate and all products containing these pigments in artistic painting or fine lining. In the period 2020 to 2022, no cases of illness and mortality due to lead poisoning among paint workers were reported to the labour inspection. The Committee requests the Government to continue to supply information on the application of this Convention in practice, including statistics as to morbidity and mortality with regard to lead poisoning information on the number of workers covered by the relevant legislation, inspection visits conducted, the number and nature of the contraventions reported, and sanctions imposed.

Guarding of Machinery Convention, 1963 (No. 119)

Article 1(2) of the Convention. Application to manually powered machines. In its previous comments, the Committee noted that the definition of the term machinery used in the Rulebook on Machine Safety (No. 13/2010) did not include manually powered equipment. In this respect, it notes with interest that the new Rulebook on Machine Safety (Official Gazette of the RS, No. 58/16 and 21/20) applies to machines operated by manual power. The Committee takes note of this information, which addresses its previous request.

Article 1(3). Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. The Committee notes that the new Rulebook on Machine Safety, similarly to the previous Rulebook does not apply to agricultural and forestry tractors (section 3(5)(1)), motor vehicles and their trailers (section 3(5)(2)) and means of transport on rail networks (section 3(5)(5)), with the exception of machinery mounted on these vehicles. The Committee recalls that, according to Article 1(3) of the Convention, the provisions of this Convention apply to road and rail vehicles during locomotion in relation to the safety of the operator, and to mobile agricultural machinery in relation to the safety of workers employed in connection with such machinery. The Committee once again requests the Government to provide information on measures taken to ensure the effective application of the Convention to road and rail vehicles during locomotion (in relation to the safety of the operator), and to mobile agricultural machinery (in relation to the safety of workers employed in connection with such machinery).

Article 2. Obligations related to the sale, hire, transfer in any other manner, and exhibition of machinery of which the dangerous parts are without appropriate guards. With respect to the sale of machinery, the Government indicates that similarly to the previous Rulebook, the new Rulebook on Machine Safety applies to all new machines placed on the market. Regarding second-hand machines, the Committee notes the existence of a series of related technical regulations. With respect to hire or transfer, the Government indicates that special regulations shall apply to the lease or service of used machinery. Regarding measures taken to ensure the application in practice of the Rulebook, the Government indicates that the Ministry of Economy conducts regular campaigns to educate businesses about the requirements of this Rulebook. In this respect, the Committee also notes the publication of the Guide to implementation of the Rulebook. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that the hire and transfer of machinery of which the dangerous parts are without appropriate guards are prohibited by national legislation or are prevented by other equally effective measures. The Committee requests the Government to provide information on the special regulations applicable to the hire or transfer of used machinery, previously referred to by the Government.

Application in practice. The Government indicates that the Labour Inspectorate identified the monitoring of machines as one of the areas of control in its annual plan for 2023. During the previous period, the monitoring of the Labour Inspectorate focused on machines such as manual and impact screwdrivers, following previous inspections on grass trimmers, electric tools, chainsaws, and joint controls on various equipment. Referring to its comments under Convention No. 155, the Committee notes the information provided by the Government concerning the deficiencies identified in 2022 regarding prescribed documentation in the Serbian language for their use and maintenance of work equipment. The Committee requests the Government to provide information on the application of the new Rulebook of Machine Safety with respect to the guarding of machinery.

Benzene Convention, 1971 (No. 136)

Article 11(1) of the Convention. Prohibition of the employment of pregnant women and nursing mothers in work processes involving exposure to benzene. The Committee notes that section 3 of the Rulebook on measures for safe and healthy work of employed women during pregnancy, recent mothers and employees who are breastfeeding provides for the obligation of the employer to perform a risk assessment, for all work positions in the working environment where there is a possibility of exposure to hazards as per Schedule 1. The Committee understands that Schedule 1 refers to hazardous chemical substances that meet specific hazard classification criteria. Furthermore, under section 5 the employed woman during pregnancy, and an employee who is breastfeeding may not work at a workplace for which the risk assessment has determined a risk to safety or health from exposure to hazards and working conditions specified in Schedule 2. However, the Committee notes that benzene or products containing benzene are not included expressly in Schedule 2 of the Regulation. The Committee requests the Government to clarify whether hazardous chemical substances under Schedule 1 include benzene.The Committee requests the Government to indicate the measures taken to ensure that the legislation provides that women medically certified as pregnant, and nursing mothers, shall not be employed in work processes involving exposure to benzene or products containing benzene.

Application in practice. With regards to the CATUS’ previous observation on the need to modernize and upgrade installations where hazardous substances are handled in light of updated technical standards, the Government indicates that section 15 of the new Law on OSH stipulates that the employer is obliged to engage a licensed entity to conduct preventive and periodic tests of certain hazards, including chemical hazards. The Committee also notes the information provided by the Government on labour inspection activities targeting industries which might involve potential exposure to benzene. The Government indicates in particular that, in 2022, the Labour Inspectorate carried out a total of 325 inspections and 1 advisory visit in the field of occupational safety and health in the production of chemical products, rubber and plastics, covering 15,829 employees; as well as 401 inspections in the field of occupational safety and health in the textile, leather and footwear industry, covering 18,442 employees. The Committee requests the Government to continueto provide information on the application of the Convention in practice, including the number, nature and cause of cases of occupational disease reported.

Occupational Cancer Convention, 1974 (No. 139)

Legislation. The Committee notes the Government's indication in its report that the Rulebook on Preventive Measures for Safe and Healthy Work related to Exposure to Carcinogens or Mutagens was amended in 2017 to further harmonize with the Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work. The Committee takes note of this information, which addresses its previous request.

Application in practice. The Committee notes that the Government has not provided information on the measures taken or envisaged to address the issue of increased exposure of workers to hardwood dust, a carcinogenic substance, in the wood processing sector. In its observations, the CATUS indicates that, almost 40,000 employees are exposed to carcinogens and mutagens on a daily basis. In this respect, it indicates that it is necessary to amend section 6(4) of the Rulebook on Preventive Measures for Safe and Healthy Work related to Exposure to Carcinogens or Mutagens Rulebook, which refers to preventive measures by establishing an obligation for the employer to introduce a list of substances used, drawing from Schedules 1 and 2 (overview of substances, mixtures and processes) of the Rulebook. This way, inspectors will be able to readily identify whether there is need to further investigate based on the list of hazardous substances used. The Committee requests the Government to provide its comments in this respect. It once again requests the Government to provide information on the measures taken or envisaged to address the abovementioned issue in the wood processing sector. It also once again requests the Government to give a general appreciation of the manner in which the Convention is applied and to provide relevant statistical information.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4(1) and (2) and Article 8(1) of the Convention. Measures for prevention, control of, and protection against, occupational hazards. With respect to air pollution, the Committee notes that the Rulebook on preventive measures for safe and healthy work during exposure to chemical substances, the Rulebook on preventive measures for safe and healthy work during exposure to biological hazards and the Rulebook on preventive measures for safe and healthy work during exposure to carcinogens or mutagens provide for the criteria for determining the hazards of exposure to such agents that may be sources of air contamination, relevant exposure limits, as well as measures of prevention, control and protection against hazards caused by these agents. Noting once again that the Rulebook on preventive measures relating to safety and health in workplaces involving exposure to vibration does not apply to marine and air transport, the Committee requests the Government to specify the national law or regulations prescribing measures for the prevention, control and protection against hazards due to vibration in these sectors.

Article 8(2) and (3). Consideration of opinions of technically competent persons designated by employers’ and workers’ organizations. Regular revision of criteria and exposure limits.Designation of technically competent persons. The Committee notes the Government’s indication that regulations in the field of occupational safety and health were discussed and adopted in consultation with the CATUS, the “Nezavisnost”, and the Serbian Association of Employers, and through the Social and Economic Council of the Republic of Serbia, and the Permanent Working Body for Occupational Safety and Health. The Committee once again requests the Government to provide information on how technically competent persons designated by employers’ and workers’ organizations, such as those on the Social and Economic Council of the Republic of Serbia, and the Permanent Working Body for Occupational Safety and Health, are consulted in the determination of exposure levels by the competent authority, as required by Article 8(2) of the Convention.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers' exposure to occupational hazards. The Government indicates that the Rulebook on the procedure for inspecting and checking equipment for work and for testing work environment conditions (Official Gazette of the RS, No. 15/23) prescribes preventive and periodic tests of working environment conditions, i.e. chemical, biological and physical hazards (including noise and vibration) and microclimate. carried out by a licensed entity to carry out inspections and checks of work equipment. The Committee requests the Government to indicate whether any processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards due to air pollution, have been determined by the competent authority as requiring notification.

Application in practice. The Government provides detailed information on labour inspection activities conducted for 2020-2022 for industries where employees may be exposed to risks due to noise and vibrations such as production of metal, machines and other equipment, forestry and construction, including on the number and types of inspection, workers covered, contraventions identified, and penalties imposed. The Committee notes that 20 labour inspectors successfully completed a training programme which focused inter alia on preventive measures concerning workers’ exposure to risks from noise and vibration. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice in the country.

Asbestos Convention, 1986 (No. 162)

The Committee notes the information provided by the Government in response to its previous request regarding Article 6(3) of the Convention concerning procedures for dealing with emergency situations.

Article 20(4). Right to request the monitoring of the working environment. In reply to the Committee’s previous request, the Government indicates that section 58(1)(3) of the new Law on OSH stipulates that employees, employee representatives and/or the safety and health committee have the right to demand supervision by the labour inspection, if they believe that the employer has not implemented appropriate measures for safety and health at work, attend the inspection, as well as submit remarks and observations. In this respect, the Government provides detailed information on the numbers of inspections and visits undertaken in the field of occupational safety and health for 2019-2022 at the request by employees, as well as results and penalties. The Committee requests the Government to specify whether workers or their representatives have the right to appeal the results of the requested monitoring of the working environment, in accordance with Article 20(4) of the Convention.

Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the information provided by the Government in reply to its previous request concerning the measures giving effect to the following provisions of the Convention: Article 4 on assessment of safety and health hazards with a view to adopting and maintaining in force laws and regulations, Article 15(2) on lifting appliances and raising, lowering or carrying persons in appliances constructed, installed and used for that purpose; Article 16 on transport, earth-moving and materials-handling equipment; Article 19 on excavations, shafts, earthworks, underground works and tunnels; Article 21(2) on work in compressed air, supervision of the operations by a competent person; Article 23 on work over water; Article 24 on demolition; Article 27 on explosives; and Article 32 on welfare.

Article 3 of the Convention. Consultation of employers' and workers' organizations. The Committee notes the Government’s indication that all regulations and strategic documents in the field of occupational safety and health were discussed and adopted in consultation with the CATUS, the “Nezavisnost”, and the Serbian Association of Employers, and through the Social and Economic Council of the Republic of Serbia, and the Permanent Working Body for Occupational Safety and Health. The Committee refers to its comments under Article 8 of Convention No. 155 and Article 4(1) and (2)(a) of Convention No. 187.

Article 30(1) and (3). Provision of personal equipment and protective clothing. The Committee notes that in its observations, the CATUS once again expresses concern regarding the absence of individual protective equipment. The Committee requests the Government to provides its comments in this respect and to indicate the manner in which it is ensured in practice that workers are provided with personal protective equipment.

Application in practice. The Committee takes note of the detailed information provided by the Government regarding the activities of labour inspection services in the field of occupational safety and health in the construction, the number and causes of occupational accidents in the construction sector (including a detailed analysis of fatal and non-fatal injuries and collective accidents at work, which occurred 2019-2022) penalties imposed as well as on the number of workers covered by the relevant legislation. In reply to the Committee’s request on the measures taken to effectively ensure the safety and health of all workers engaged in construction, including undeclared workers or those operating in the informal economy, the Government indicates that the new Law on OSH provides employees in the informal economy the right to safety and health at work the same way as for employees who have concluded an employment contract. In its observations, the CATUS once again expresses concern regarding the lack of medical supervision, the non-implementation of the procedures for inspecting and checking work equipment and examining the conditions of the working environment. It also reiterates that a certain number of employers fail to provide safety instructions and training to their workers, to refer their workers to medical examinations and to comply with their reporting obligations to the labour inspectorate. The CATUS further highlights that the labour inspectorate has done little to foster a national culture of prevention in the field of OSH through raising awareness. It proposes various measures to improve awareness and implementation of safety practices, such as utilizing social media, integrating safety education into school curricula, and organizing competitions for students. Additionally, the CATUS stresses the importance of maintaining a publicly accessible database on the Directorate for Occupational Safety and Health website, documenting injuries, their causes, types, and the corrective actions taken. The Committee requests the Government to provide its comments in respect of the observations made by CATUS.

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee notes the information provided by the Government in response to its previous request regarding Article 6(2) of the Convention concerning the situation when two or more employers or self-employed persons undertake activities simultaneously at one workplace.

Article 4(1) of the Convention. Formulation, implementation and periodical review of a coherent national policy on safety and health in agriculture after consulting the representative organizations of employers and workers concerned. Following its previous comments, the Committee notes that the Government did not provide information on the implementation of the Strategy for Safety and Health at Work 2018–2022 and its Action Plan in the agricultural sector and the results thereof. The Committee requests the Government to continue to provide information on the measures taken to periodically review a coherent national policy on safety and health in agriculture. The Committee also requests the Government to provide information on the application of the Strategy for Safety and Health at Work for 2023–27 and its Action Plan in the agricultural sector and the results thereof.

Article 4(2)(c). Mechanisms of inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. The Government reiterates that inter-sectoral coordination between competent authorities and bodies for the agricultural sector is conducted through the Council for Occupational Safety and Health. The Committee once again requests the Government to provide further information on the manner in which inter-sectoral coordination is ensured among relevant authorities and bodies for the agricultural sector, including among the Administration for Safety and Health at Work of the Ministry of Labour, Employment, Veterans and Social Affairs and the Ministry of Agriculture, Forestry and Water Management.

Article 9(1) and (2). Machinery safety and ergonomics. The Committee notes that the Government refers to a series of provisions under the new Law on OSH which provide for employers’ duties with regards to machinery safety and ergonomics. Nonetheless, it observes notes that no provisions have been identified in the national legislation that ensure that manufacturers, importers and suppliers comply with the standards referred to in Article 9(1) and provide adequate and appropriate information, including hazard warning signs, in the official language or languages of the user country, to the users and, on request, to the competent authority, in accordance with Article 9(2). The Committee refers to its comments on the application of the Guarding of Machinery Convention, 1963 (No. 119), where it noted that the new Rulebook on Machine Safety does not apply to agricultural and forestry tractors. The Committee once again requests the Government to provide information on the measures taken to ensure that manufacturers, importers and suppliers comply with the standards set out in Article 9(1) and provide adequate and appropriate information in Serbian, in accordance with Article 9(2).

Article 10(a). Use of agricultural machinery and equipment only for work for which they are designed. The Committee takes note of the provisions referred to by the Government that ensure that machinery and equipment is only used for work for which they are designed and operated by trained and competent persons, in accordance with national law and practice. The Committee notes that the Government does not indicate specifically how it is ensured that agricultural machinery and equipment are not used for human transportation unless designed or adapted to carry persons. The Committee once again requests the Government to provide information on legislative or other provisions containing the prohibition for the use of agricultural machinery and equipment for human transportation, unless specifically designed to do so.

Article 12(b). Sound management of chemicals. Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. The Committee takes note of the adoption of: i) the Rulebook on the content of the declaration and instructions for the application of pesticides, as well as specific requirements and signs of risks and warnings for persons and the environment and the way of handling the empty packaging of pesticides (Official Gazette of the Republic of Serbia, No. 21/12, 89/14 and 97/15); and ii) the Rulebook related to the conditions and methods of inspection and sampling of shipments of plant protection products (Official Gazette of the Republic of Serbia, No. 133/2020). The Committee requests the Government to provide information on how the Rulebooks give effect to Article 12(b) of the Convention.

Article 12(c). Suitable system for the safe collection, recycling and disposal of chemical waste. The Government indicates that national waste management strategy adopted on 4 July 2003 ensures the conditions for rational and sustainable waste management in Serbia. The Committee requests the Government to indicate how national legislation ensures that there is a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals used in agriculture so as to avoid their use for other purposes and to eliminate or minimize the risks to safety and health and to the environment.

Article 17. Temporary and seasonal workers. The Committee recalls that, according to the Law on Simplified Employment in Seasonal Jobs in Certain Activities, the employer is obliged to apply generally recognized measures that ensure the safety and health of seasonal workers but is not obliged to undertake a risk assessment. The Committee once again requests the Government to provide further information on measures taken to ensure that temporary and seasonal workers receive the same safety and health protection as that accorded to comparable permanent workers in agriculture, including information on risk assessments for temporary and seasonal workers.

Article 18. OSH measures for women workers in agricultural undertakings. In reply to Committee’s request on the measures taken or envisaged to ensure that the special needs of women agricultural workers are taken into account, specifically in relation to reproductive health, the Government indicates that the employer is obliged to determine the risks related to the reproductive health of agricultural female workers with the act on risk assessment in accordance with section 16 of the new Law on OSH. Furthermore, the Government refers to section 6 of the Law which indicates that special rights, obligations and measures related to the safety and health at work of women working at a workplace with an increased risk that could jeopardize the reproductive health are regulated by this and other laws, other regulations, or a collective agreement. The Committee requests the Government to provide further information on the additional laws, regulations and collective agreements regulating this issue.

Article 19. Welfare and accommodation facilities. In its previous comments, the Committee noted an absence of information with regards to the prescription of minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking. It notes the Government’s statement that this topic will be addressed in the coming period. Taking due note of the Government’s indication, the Committee requests the Government to provide information on any legislation or regulations adopted which prescribe the minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking.

Application of the Convention in practice. In its observations, the CATUS indicates that despite the country's agricultural focus, there is a notable absence of reported work-related injuries, including those caused by pesticide exposure and lack of personal protective equipment. It also points to inadequate waste and chemical management, and insufficient application of OSH regulations. It emphasises the need to urgently introduce more specific protection measures for farmers and provide farmers with information and training, indicating that the Directorate for OSH could focus on the promotion of OSH in agriculture, especially during the agricultural season. The Committee requests the Government to provide its comments in this respect.

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

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS), received on 18 November 2014. The Committee also notes the information provided by the Government in reply to its previous requests concerning Articles 3, 4, 8, 13 and 14.

Article 1(2) of the Convention. Application to manually powered machines. The Committee notes that, pursuant to section 4(1)(1) of the Rulebook on Machinery Safety (No. 13/2010), the definition of the term machinery used in the Rulebook does not include manually powered equipment. It recalls that Article 1(2) of the Convention provides that the competent authority shall determine whether and how far machinery operated by manual power shall be considered as machinery for the purpose of the application of the Convention, after consultation with the most representative organizations of employers and workers concerned. The Committee requests the Government to provide information on the consultations undertaken with the most representative organizations of employers and workers concerned, with regard to the decision to exclude manually powered machines from the application of the legislation giving effect to the Convention.

Article 1(3). Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. The Committee notes that the Rulebook on Machinery Safety does not apply to agricultural and forestry tractors (section 3(5)(1)), motor vehicles and their trailers (section 3(5)(2)), and means of transport on rail networks (section 3(5)(5)), with the exception of machinery mounted on these vehicles. The Committee recalls that, according to Article 1(3) of the Convention, the provisions of this Convention apply to road and rail vehicles during locomotion in relation to the safety of the operator, and to mobile agricultural machinery in relation to the safety of workers employed in connection with such machinery. The Committee requests the Government to provide information on measures taken to ensure the effective application of the Convention to road and rail vehicles during locomotion (in relation to the safety of the operator), and to mobile agricultural machinery (in relation to the safety of workers employed in connection with such machinery).

Article 2. Obligations related to the sale, hire, transfer in any other manner, and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee notes that section 5 of the Rulebook on Machinery Safety provides that prior to placing a machine on the market, a manufacturer shall ensure that the machine meets the essential requirements for health and safety referred to in Appendix 1 of the Rulebook. Section 1.3.7 of Appendix 1 of the Rulebook provides that the moving parts of machinery must be designed and constructed in such a way as to prevent risk of contact which could lead to accidents or must, where risk persist, be fitted with guards or protective devices. Sections 1.3.8 and 1.4 outline the requirements of such guards.

With respect to the sale of machinery, the Government indicates that the Rulebook applies to all new machines placed on the market, including new machines and used machines placed on the Serbian market and/or put in use for the first time. With respect to hire or transfer, the Government indicates that the Rulebook applies to newly leased machines, from the conclusion of the first lease or service contract of the machine in the country. However, the Government indicates that special regulations shall apply to the lease or service of used machinery. The Committee also notes the statement of the CATUS that there is machinery that enters the Serbian market through unmonitored channels that are old and worn out, which may not meet the required standards. The Committee requests the Government to provide information on the special regulations applicable to the hire or transfer of used machinery. It also requests the Government to provide information on the measures taken to ensure the application in practice of the Rulebook on Machinery Safety to used machinery entering the national market.

Article 16. Consultation with the most representative organizations of employers and workers. The Committee requests the Government to provide information on the consultations undertaken with the most representative organizations of employers and workers concerning the measures taken to give effect to the Convention.

Application in practice. The Committee notes the Government’s indication that the labour inspectorate supervises the implementation of the national occupational safety and health legislation, including the Rulebook on Machinery Safety. The Government indicates that inspections have established that most employers do not have the appropriate documentation relating to work equipment, which causes difficulties in use and maintenance of work equipment. Some employers use very old work equipment, made by manufacturers that no longer exist, and the equipment often does not have the appropriate documentation. Noting the information provided by the Government concerning the deficiencies identified related to work equipment in general, the Committee requests the Government to provide information specifically on the application of the Rulebook of Machinery Safety with respect to the guarding of machinery.

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

The Committee notes the information provided by the Government in its report, and the observations received by the Confederation of Autonomous Trade Unions of Serbia, which have been addressed under the Committee’s comments on the Occupational Safety and Health Convention, 1981 (No. 155).

Article 1, paragraphs 2 and 3, of the Convention. General provisions. The Committee notes the information provided by the Government indicating that national legislation does not consider manually powered machines, new or second-hand, subject to this Convention. The Committee asks the Government to provide information on the consultation with the most representative organizations of employers and workers concerned, with regard to the decision to exclude manually powered machines (Article 1(2)), and to provide information on the measures undertaken or envisaged to give effect to Article 1(3).

Article 2. Obligations related to the sale, hire, transfer in any other manner, and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee notes the information provided by the Government indicating that the Rulebook on work safety measures and norms on work tools, prescribes all measures that must be applied to work tools, in order that their moveable parts do not create dangerous situations. The Committee asks the Government to supply a copy of the abovementioned regulation, and to provide further information on specific measures prohibiting the sale, hire, transfer in any other manner, and exhibition of machinery of which the dangerous parts are without appropriate guards, to ensure full effect is given to the provisions of this Article.

Articles 3, 4, 8, 13, 14 and 16. The Committee notes that the Government’s latest report contains no information on measures ensuring effect given to the provisions prescribed in the abovementioned Articles. The Government is requested to indicate measures undertaken or envisaged to give effect to Articles 3, 4, 8, 13, 14 and 16 of the Convention.

Part V of the report form. Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country; and to attach extracts from inspection reports and, where such exists, 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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the comprehensive reports, including numerous references to legislative texts, provided by the Federal Government concerning the application of the Convention in the Republic of Serbia and the Republic of Montenegro.

2. The Committee notes the references by the Governments of the Republic of Serbia and the Republic of Montenegro, respectively, to national legal and administrative texts that appear to give effect to the Convention. Taking into account that the large majority of these texts are only available to the Committee in Serbian-Croatian, the Committee invites the Government to examine whether, and to what extent, it would be possible to provide the ILO with translations into one of the ILO working languages of the most important laws and regulations, or excerpts thereof, in order to enable the Committee to determine the extent to which the Convention is applied in the country. Please also provide any available information concerning the practical implementation of the Convention in accordance with Part V of the report form, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by sex if available, as well as any other information that would enable the Committee to better appreciate the application in practice of the Convention in the country as a whole as well as in the separate Republics.