Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 155) sur la sécurité et la santé des travailleurs, 1981 - Serbie (Ratification: 2000)

The Committee notes the information provided in the Government’s reports, the attached documentation, and the observations submitted by the Confederation of Autonomous Trade Unions of Serbia concerning the application of this Convention in practice. The Committee asks the Government to supply a copy of the Occupational Safety and Health Law (O.G. 101/05) with its next report.

Article 3 of the Convention. Definitions. The Committee notes the information indicating that the terms defined in the national legislation have the same meaning and definitions as those in the Convention. The Committee asks the Government to provide reference to specific provisions in national legislation which provide for the definitions of the terms listed in Article 3.

Article 4, paragraph 1, and Article 5, subparagraphs (a) to (f). National policy and main spheres of action. The Committee notes the information provided by the Government on the adoption of a national occupational safety and health policy. The Committee asks the Government to supply a copy of the National Occupational Safety and Health Policy; and to indicate the specific measures taken to address each of the main spheres of action under Article 5, subparagraphs (a) to (f).

Article 7. Review, at appropriate intervals, of the situation regarding occupational safety and health. The Committee notes the information provided by the Government indicating the preparation, by the Ministry of Labour and Social Policy, of an annual report on the state of affairs and issues in the field of occupational safety and health in Serbia. The Committee requests the Government to provide information on the outcome of this review process and how this review affects the development of the national policy in the country.

Article 11, subparagraphs (a) to (f). Functions to give progressive effect to the national policy. The Committee notes the information provided by the Government indicating that the Ministry of Labour and Social Policy has, through its legislative activities, and inspection and monitoring, secured the implementation of the national policy. The Committee asks the Government to provide further information on the specific measures undertaken by the competent authority to ensure that the functions of the individual subsections of Article 11 are progressively carried out.

Article 12, subparagraphs (a) to (c). Responsibilities on those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. The Committee notes the information provided by the Government indicating general product safety and criteria for assessing a product’s conformity with general safety requirements. The Committee asks the Government to provide further information on measures undertaken with regard to the assessment of safety, and the making available of information, by those who design, manufacture, import, provide or transfer substances for occupational use (subparagraphs (a) and (b)); and the undertaking of studies and research or otherwise keeping abreast of the scientific and technical knowledge (subparagraph (c)).

Article 13. Protection of workers from undue consequences. The Committee notes the information indicating that section 33 of the Occupational Safety and Health Law prescribes the right of workers to refuse to work where there is an immediate threat to their life or health. The Committee asks the Government to provide further information on measures undertaken, in law and in practice, to ensure that workers who refuse to work under section 33, are protected from undue consequences.

Article 15, paragraph 1. Coordination between various authorities and bodies called upon to give effect to Parts II and III of the Convention. The Committee notes the information provided by the Government indicating that a permanent working body in charge of occupational safety and health issues has been set up. The Committee asks the Government to provide further information on the specific measures undertaken to ensure the coordination required under paragraph 1 of Article 15.

Article 19, subparagraph (e). Right of workers, or their representatives, to inquire into all aspects of occupational safety and health. The Committee notes the information indicating that under section 45 of the Occupational Safety and Health Law the employer is required to allow the workers’ representative, namely the Board, to participate in the review of all issues related to implementation of safety and health at work. The Committee asks the Government to provide further information on measures undertaken to allow workers, or their representatives, to inquire into all aspects of occupational safety and health, and whether for this purpose, technical advisers may, by mutual agreement, be brought in from outside the undertaking.

Part V of the report form. Application in practice. The Committee notes the Confederation of Autonomous Trade Unions of Serbia’s statement indicating that in practice there are considerable problems in connection with the application of provisions related to occupational safety and health, health care and working conditions, and that environmentally harmful incidents which have occurred recently in the chemical industry can be attributed, amongst other things, to inadequate measures related to safety and health at work. The Confederation of Autonomous Trade Unions of Serbia further observes that there are a high number of cases of occupational accidents in the construction sector. The Committee requests the Government to provide information on measures taken to address the issues identified above by the Confederation of Autonomous Trade Unions of Serbia; and to attach extracts from inspection reports and, where such 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.