Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 167) sur la sécurité et la santé dans la construction, 1988 - Serbie (Ratification: 2009)

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) communicated with the Government’s report.

The Committee also 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 7 on the duty for employers and self-employed persons to comply with prescribed safety and health measures; Article 8(2) on the obligation of employers undertaking activities simultaneously to collaborate; Article 22 on structural frames and formwork; Article 25 on lighting; Article 28(2)(a) and (4) on preventive measures for chemical, physical and biological hazards; and Article 29 on fire precautions. The Committee requests the Government to continue to provide information in this respect, particularly on the application of these Articles of the Convention in practice.

Article 3 of the Convention. Consultation of employers’ and workers’ organizations. In relation to its previous comments, the Committee notes that the Government’s report does not provide relevant information regarding the manner in which the most representative organizations of employers and workers concerned are consulted on the measures to be taken to give effect, in law and in practice, to the provisions of the Convention. The Committee requests again the Government to provide detailed information on the procedures of consultation in place giving effect to this Article of the Convention.

Article 4. Assessment of safety and health hazards with a view to adopting and maintaining in force laws and regulations. The Committee notes the Government’s reference to section 13 of the Occupational Safety and Health Law (OSH Law) and section 8 of the Decree on occupational safety and health in temporary or mobile construction sites (Decree on OSH in temporary or mobile construction sites) pursuant to which employers must draft a document containing safety measures on the basis of an assessment of risks in the workplace. The Committee recalls that measures to give effect to Article 4 of the Convention must be taken at the national level by the competent authorities so as to adopt and maintain in force laws and regulations on the basis of an assessment of the safety and health hazards. The Committee requests the Government to indicate the manner in which it ensures that safety and health laws and regulations are adopted and maintained in force on the basis of an assessment of occupational risks, as required by this Article of the Convention and to provide information on its implementation in practice.

Article 15(2). Lifting appliances. Raising, lowering or carrying persons in appliances constructed, installed and used for that purpose. The Committee notes from the Government’s report that pursuant to section 6 of the Rulebook on preventive measures in occupational safety and health for the use of work equipment (No. 123/2012) and section 3.2.4 on the additional requirements for certain categories for work equipment, workers shall be raised or carried by appropriate lifting appliances so as to prevent any risks of falling or of accidental contact with other work equipment. The Committee requests the Government to indicate how it is ensured that lifting appliances and gear are of good design and construction, sound material and adequate strength, are properly installed and maintained in good order and are operated by workers who have received appropriate training, as required by Article 15(1)(a), (b), (c) and (e) of the Convention. It also requests the Government to provide the text of section 3.2.4 on the additional requirements of the Rulebook and of any other provisions giving effect to this Article of the Convention.

Article 16. Transport, earth-moving and materials-handling equipment. The Committee notes that, as in the previous report, the information provided by the Government only concerns the application of Article 16(1)(d). Therefore, the Committee requests again the Government to indicate how it ensures that effect is given, in law and in practice, to Article 16(1), paragraphs (a) to (c), and Article 16(2) of the Convention.

Article 19. Excavations, shafts, earthworks, underground works and tunnels. The Committee notes the Government’s general reference to the Rulebook on occupational protection in construction works (No. 53/97) and the Decree on OSH in temporary or mobile construction sites, regarding safety and health measures in excavations, shafts, earthworks and underground works. However, the Committee notes that the Government does not provide information as to the manner in which these texts give effect to Article 19 of the Convention. Therefore, the Committee again requests the Government to provide full information on measures taken to ensure that effect is given to all the requirements of this Article of the Convention both in law and in practice.

Article 21(2). Work in compressed air. Supervision of the operations by a competent person. In the absence of information on this point, the Committee requests again the Government to indicate the provisions which lay down that work in compressed air shall be carried out only when a competent person is present to supervise the conduct of operations, as required by Article 21(2).

Article 23. Work over water. Article 24. Demolition. Article 27. Explosives. In the absence of information on these points, the Committee requests again the Government to provide information on measures taken to give effect to these Articles, both in law and in practice.

Article 30(1) and (3). Provision of personal equipment and protective clothing. The Committee notes the Government’s indication that pursuant to sections 5(1) and 10 of the Rulebook on preventive measures on the safety and health of workers using personal protective equipment (No. 92/08), employers shall provide individual protective equipment to workers at no cost to the workers and such equipment shall meet specific ergonomic standards. The Committee requests the Government to indicate the manner in which it is ensured in practice that workers are provided with personal protective equipment.

Article 32. Welfare. In the absence of relevant information in the Government’s report in this regard, the Committee requests the Government to provide information concerning measures taken to ensure that drinking water and facilities are provided to workers, in accordance with the provisions of Article 32.

Application in practice. The Committee notes that the Government’s report does not contain any information on the application of the Convention in practice. It further notes the observations of CATUS which emphasize the need to further align the national OSH legislation with UN, ILO and EU standards, to enhance education and training of all stakeholders and to increase state supervision. CATUS underlines that accidents in the construction sector are frequent and that the informal economy is widespread, as many contractors operate unregistered or employ undeclared workers. It also points to the absence of individual protective equipment and a lack of medical supervision for unregistered workers, and the absence of examination and testing of machinery. CATUS also refers to the observations of the Trade Union of Construction and Building Material Industry of Serbia, according to which 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 Committee requests the Government to provide its comments in respect of the observations made by CATUS. It also requests the Government to provide detailed information 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 Committee further requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including information on the number of workers covered by the relevant legislation, the activities of labour inspection services and the number and causes of occupational accidents and cases of occupational disease reported in the construction sector.