OCCUPATIONAL SAFETY AND HEALTH
INCREASING CAPACITIES AND STRENGTHENING OF THE ROLE OF THE REGIONAL CSOS FOR IMPROVEMENT OF THE LABOR CONDITIONS AND DIALOGUE WITH PUBLIC INSTITUTIONS Study of Serbia
This project is funded by The European Union
OCCUPATIONAL SAFETY AND HEALTH
PROJECT – “INCREASING CAPACITIES AND STRENGTHENING OF THE ROLE OF THE REGIONAL CSOS FOR IMPROVEMENT OF THE LABOR CONDITIONS AND DIALOGUE WITH PUBLIC INSTITUTIONS” Study of Serbia
Belgrade, 2018 Publisher: Makedonsko udruženje za zaštitu pri radu Skopje, 2018
Author: PhD. Petar Bulat - Full Professor at the Medical Faculty at Belgrade Coauthor: MSc. Milan Petkovski, Grad. OSh. ENg.
Project: “Increasing capacities and strengthening of the role of the regional CSOs for improvement of the labor conditions and dialogue with Public Institutions”
This project is funded by The European Union
This publication has been prepared with support from the European Union. The contents of this publication are the sole responsibility of the authors and in no way can be considered to represent the views of the European Union.
4 Abstract Occupational Safety and Health is a fundamental employee right verified by the International Labor Organization Conventions, the EU Lisbon Agreement and the EU Directives. Occupational Safety and Health is a right guaranteed by the Constitution of the Republic of Serbia according to which everyone has the right to respect the dignity of one’s own personality, to Labor, to Occupational Safety and no one can forfeit these rights. Since the field of occupational safety and health is of multidisciplinary character, the legal basis is contained in several laws: Labor Law, Health Care Law, Health Insurance Law, Pension and Disability Insurance Law and many other laws and by-laws. Implementation of regulations is also multidisciplinary and requires intensive communication of many state authorities. All this makes the field of occupational safety and health a very complex area, both for the adoption of regulations in this field and for their implementation. Nevertheless, although it is a complex area, the results of the survey of 53 stakeholders from the sphere of occupational safety and health indicate that the respondents assess the state of occupational safety and health in the Republic of Serbia as satisfactory. Also, the largest number of participants in the survey assessed the legislation as satisfactory. Almost all participants in the survey believe that it is necessary to develop specific regulations and measures in the field of occupational health and safety. The largest number of respondents are satisfied with compliance of Serbian of occupational safety and health regulations with EU regulations. It has already been pointed out that the field of occupational safety and health is multidisciplinary and that only the coordinated activity of all actors in this field leads to progress. Analysing the results of the survey, it is noted that the majority of actors in this field are positively assessed and that significantly higher contributions of employees, judicial authorities, and non-governmental organizations to the development of occupational health and safety system are expected. Based on the conducted analysis of the occupational safety and health system in the Republic of Serbia, it was concluded that the occupational safety and health system is based on international standards (EU and ILO) and that the legislation is approaching European standards, but that implementation of regulations is still not satisfactory, especially in micro, small and medium-sized enterprises. There is plenty of room to improve the participation of civil society, social partners and employees in improving occupational safety and health. It was also concluded that there is room for improvement of regulations in the field of occupational health, occupational injuries and occupational diseases. It should be noted that proficient personnel for occupational safety and health as well as external services that perform occupational safety and health are well grounded in the occupational safety and health system of Serbia, but that there are challenges in their status and competences. The issue of improving the contribution of judicial authorities to the occupational safety and health system, especially in the field of criminal policy, has already been highlighted. It has been noted that there is plenty of room for improvement of education in this area, starting from elementary and secondary education through higher education, but also lack of a structured system of continuous education and relicensing. Also, there is a lack of scientific and research and promotional activities in the field of occupational safety and health at all levels. Based on the conducted analysis of the system of safety and health at work in the Republic of Serbia, there is a need for cooperation with civil society organizations to continue work on transposing the EU legislation in this area, to proceed with the ratification and confirmation of ILO conventions, but also to improve the implementation already adopted regulations, especially in micro, small and medium enterprises, by introducing new tools, guides and guidelines. It is advised to reform the role and position of occupational health, reform the registration system and introduce insurance against occupational injuries and diseases. In order to improve the functioning of the occupational safety and health system, it is recommended to improve the administrative and technical capacities and resources of the labor inspection as well as the training of misdemeanours judges and prosecutors in order to improve the quality of the implementation of regulations in this field through improved cooperation with the labor inspection. Education in the field of occupational safety and health is of utmost importance. In order to improve education in occupational safety and health it is advised, that through the education of elementary and secondary school teachers to improve the implementation of practical instructions in occupational safety and health. Also, it is necessary to define precisely the profile and competencies of the proficient personnel for occupational safety and health, to introduce a register of these persons as well as to establish an accreditation body that will evaluate the quality and accredit the education programs in this field, which will be the basis for the introduction of programs for relicensing of proficient personnel for occupational safety and health. Since without scientific and research work in the field of occupational safety and health there is no progress this field nor progress in quality of education, it is recommended to stimulate scientific research in this area through special funds, as well as continuously supporting the cooperation of the University with employers in order to transfer new technologies from the field of occupational safety and health to production processes. In order to better integrate the field of occupational safety and health into all spheres of social activities, it is necessary to systematically regulate the role of civil society organizations and social partners in the occupational safety and health system. Also, special incentives for employers are advised for the increased participation of employees' representatives in addressing issues related to occupational safety and health. In order to improve the promotion of occupational safety and health, media representatives need to be specifically educated to increase their interest in this area. It is also advised to organize special promotional activities in the field of occupational safety and health through the cooperation of the Directorate for Safety and Health at Work, Labor Inspectorate with employers, social partners, including civil society organizations.
Foreword
The text "Increasing the capacities and strengthening the role of regional civil society organizations for improvement the labor conditions and social dialogue with public institutions" has been developed within the European Union grant "EuropeAid / 150147 / DH / ACT / PRAREG". The project is being implemented in five countries through partners: Occupational Safety and Health Associations of Macedonia, the Occupational Safety and Health Association of Serbia, the Occupational Safety and Health Association of Kosovo, the Albanian Center for Occupational Safety and Health and the Association for Safety at Work of Montenegro. The overall objective of the project is to create conditions for dialogue between regional civil society organizations and public institutions to improve labor conditions. The publication "Increasing the capacities and strengthening the role of regional civil society organizations for improvement the labor conditions and social dialogue with public institutions" was created as a result of longstanding, extremely successful cooperation, with the Association for Safety and Health at Work of Serbia and the experiences from the preparation of the "Serbian Occupational Safety and Health Profile" within International Labor Organization project in 2006, as well as the work on the "National Asbestos Exposure Profile of the Republic of Serbia" in 2017. Friendly advices and suggestions as well as, the exceptional support of many colleagues in the field of occupational safety and health have made the publication much better, and the work on its development has turned into a pleasure. I would like to thank all those who have led me, with their advices, through a complex area of occupational safety and health and without whose help I would stay in some of the maze of this area.
Prof. dr Petar Bulat
Content 1 LAW ENACTION FRAME AND POLICY ...... 13 1.1 Requirements for Occupational Safety and Health ...... 13 1.2 Occupational Safety and Health Law (‘’RS Official Gazette’’, no. 101/05, 91/15 and 113/17 – other law) ...... 14 1.3 Legislations Directly Related to Occupational Safety and Health Basic Aspects Enacted / Issued by the Government of the Republic of Serbia and the Authorized Ministries 17 1.3.1 Legislations Governing Occupational Safety and Health ...... 17 1.3.2 Legislations Regulating Labor Inspection ...... 25 1.3.3 Legislations that Regulate Insurance and/or Compensation due to Occupational Injury and diseases (including Occupational Disease and occupational Injury list eligible for Compensation) as well as Registering and Reporting Requirements ...... 29 1.4 Laws and Legislations Covering Aspects of Occupational Safety and Health Enacted by Other Government Ministries ...... 32 1.5 Occupational Safety and Health National Policy ...... 34 1.6 Abstract ...... 36 1.7 Situation Analysis and Recommendations ...... 36 1.8 Law Enactment and Policy Frame Conclusion and Recommendations ...... 37 2 ACCORDANCE WITH INTERNATIONAL STANDARDS ...... 37 2.1 Implementation of International Standards’ Requirements into National Law and Praxis 37 2.2 Abstract ...... 43 2.2.1 Occupational Safety and Health National Law Concordance with Occupational Safety and Health of the ILO Conventions ...... 43 2.3 Situation Analysis and Recommendations ...... 43 2.4 Conclusion and Recommendations regarding Accordance with the International Standards ...... 44 3 ORGANIZATIONAL FRAMES AND MECHANISMS FOR ACCORDANCE ...... 44 3.1 Authority of the Occupational Safety and Health Directorate ...... 44 3.2 Labor Inspection Services ...... 45 3.2.1 Description ...... 45 3.2.2 Case Study ...... 46 3.2.3 Abstract ...... 48 3.3 Occupational Health Services ...... 49 3.3.1 Description ...... 49 3.3.2 Key activity abstract ...... 53 3.3.3 Abstract of Proficient Personnel for Occupational Safety and Health ...... 54 3.4 Other Agencies or Institutions for Accordance ...... 56 3.4.1 Role and Function of Judiciary related to Occupational Safety and Health ...... 56 3.5 National Council Organs for Occupational Safety and Health ...... 57 3.5.1 The Occupational Safety and Health Council ...... 57 3.6 Occupational Accident and Disease Insurance Systems (Compensation for Employees) ...... 58 3.7 Occupational Safety and Health Information ...... 59 3.8 Specialized Technical, Medical and Scientific Institutions related to Various Aspects of Occupational Safety and Health ...... 60 3.8.1 University and Faculty Courses related to Occupational Safety and Health ..... 60 3.8.2 The Research Departments and Institutions that Conduct Studies of Occupational Safety and Health and Research ...... 61 3.8.3 The Institutions that Conduct Training in Accordance with Law Requirements 62 3.8.4 The Institutions and Laboratories Specialized for Hazzard and Risk Assessment (Chemical Safety, Toxicology, Epidemiology, Product Safety, etc.) ...... 63 3.8.5 The Institute for Standardization ...... 65 3.8.6 The Professional Associations ...... 65 3.9 Coordination and Cooperation ...... 66 3.10 Situation Analysis and Recommendations ...... 66 4 ROLE OF OCCUPATIONAL SAFETY AND HEALTH SOCIAL PARTNERS ...... 67 4.1 Social Partners Occupational Safety and Health Program ...... 67 4.1.1 Employer Organizations ...... 67 4.1.2 Employee Organizations ...... 68 4.2 Participation in National, Sector and Company Level ...... 70 4.2.1 Participation of the National Tripartite Board for Occupational Safety and Health 70 4.2.2 The Bipartite Boards ...... 70 4.2.3 Participation on Company Level ...... 71 4.3 The Occupational Safety and Health Collective Negotiation ...... 72 4.4 Abstract ...... 73 4.4.1 Abstract of Particular Employers Responsibilities ...... 73 4.4.2 Abstract of Employee Rights and Obligations...... 74 4.4.3 Abstract of Rights and Responsibilities of Representatives for Occupational Safety and Health ...... 75 4.5 Situation Analysis and Recommendations ...... 75 5 ACTIVITIES AND FUTURE ACTIVITIES RELATED TO OCCUPATIONAL SAFETY AND HEALTH ...... 76 5.1 Promotional Programs and Activities ...... 76 5.2 Creation of International Capacities for Technical Cooperation that Directly Relate to Occupational Safety and Health...... 77 5.3 Situation Analysis and Recommendations ...... 77 6 OCCUPATIONAL SAFETY AND HEALTH RESULTS ...... 78 6.1 Registering and reporting occupational health issues and diseases ...... 78 6.2 Occupational injury and disease Statistics ...... 79 6.3 Indicators of effect ...... 82 6.4 Situation analysis and recommendations ...... 83 7 BASIC INFORMATION ...... 83 7.1 Demographic data ...... 83 7.2 Economic data ...... 87 7.3 Healthcare statistics ...... 90 8 Conclusions and recommendations for implementing occupational safety and health ... 91 9 Literature ...... 93
List of Abbreviations AISS- Alliance of Independent Syndicates of Serbia CL-Criminal Law EC- European Community EEC - European Economic Community EU-European Union ILO-International Labor Organization MoH-Ministry of Health MoL- Ministry of Labor, Veterans' and Social Affairs NALED-National Alliance for Local Economic Development NIP- National integration plan OSH-Occupational Safety and Health OSHD-Occupational Safety and Health Directorate PDIF- Pension and Disability Insurance Fund RHIF- Republic Health Insurance Fund SIOH-Serbian Institute of Occupational Health ТАIEX- Technical Assistance and Information Exchange UES- Union of Employers of Serbia UBS "Nezavisnost"- United Branched Syndicates "Nezavisnost" WHO-World Health Organization
List of Tables:
Table 1. Legislations Closely Governing Particular Law Enquiries ...... 17 Table 2. Legislations transposing the EU Directives to Domestic Laws ...... 19 Table 3. Legislations currently under power as Lawful rules, if not discordant with Law. .... 22 Table 4. Legislations enacted by the Government of the Republic of Serbia ...... 23 Table 5. Basic Legislations supervised by Labor Inspection:...... 26 Table 6. Legislations that regulate the domain of Labor Inspection ...... 27 Table 7. Other Legislations related to Occupational Safety and Health ...... 32 Table 8. The ILO Conventions that create the basis for the Occupational Safety and Health System Organization in the Republic of Serbia ...... 38 Table 9. Legislations that Transpose EU Directives into National Law ...... 40 Table 10. The Age Distribution of The Occupational Health Specialist in Serbia ...... 53 Table 11. The Number of Candidates Which Passed the Exam for Performing Occupational Safety and Health Tasks Based on Their Qualifications 2006 - 2017...... 62 Table 12. The Number of Occupational Injuries in Serbia 2009-2016...... 79 Table 13. Age and Qualification Distribution of Serbian Working Age Population (Labor Force Survey 2015.)...... 85 Table 14. Distribution of Formally and Informally Employed Population According to Employment Type, Education, Occupation, Sex and Type of Settlement (IV Quartal 2015.) 86 Table 15. The Number of Business Subjects According to Sections of Economic Activities and Size (2015) ...... 88 Table 16. The Number of Employed According to Sections of Economic Activities and Size (2015) ...... 89 Table 17. Republic of Serbia Gross Domestic Product 2008-2017...... 90 Table 18. Republic of Serbia Basic Health Statistics ...... 90
List of Graphs
Graph 1. Evaluation of Occupational Safety and Health in the Republic of Serbia ...... 24 Graph 2. Evaluation of the Occupational Safety and Health Juridical Legislations of the Republic of Serbia...... 25 Graph 3. Necessity to Enact Occupational Safety and Health Special Regulations ...... 25 Graph 4. Satisfaction regarding concordance of Occupational Safety and Health Regulations with the EU Regulations ...... 43 Graph 5. The contribution of Labor Inspection to the field of Occupational Safety and Health...... 48 Graph 6. Satisfaction with the Occupational Health Services ...... 54 Graph 7. Support for Introduction of An Obligation for Employers to Provide Occupational Health Services for All Employees ...... 54 Graph 8. The contribution of Personnel for Occupational Safety and Health to the development of the domain of Occupational Safety and Health...... 56 Graph 9. Contribution of Judiciary Organs to the development of Occupational Safety and Health...... 57 Graph 10. Enactment Support of Special Occupational Injury and Occupational Disease Insurance ...... 59 Graph 11. Support to implement courses regarding the area of Occupational Safety and Health into the Republic of Serbia education...... 61 Graph 12. Rating of offered courses and other forms of Occupational Safety and Health Training ...... 63 Graph 13. Rating of conducted Workplace and Working Environment Risk Assessment. .... 64 Graph 14. Rating of Service quality for organizations performing Occupational Safety and Health Tasks...... 64 Graph 15. Contribution of Non-Governmental Organizations to the development of the area of Occupational Safety and Health...... 66 Graph 16. Rating of syndicate contribution to the development of Occupational Safety and Health ...... 70 Graph 17. Employer and Employee Cooperation rating in the area of Occupational Safety and Health is unsatisfactory...... 72 Graph 18. Rating of contribution of the Board for Occupational Safety and Health to improvement of Occupational Safety and Health at Employer level...... 72 Graph 19. Rating of Employer engagement to the development of Occupational Safety and Health in their organizations...... 74 Graph 20. Rating of Employee engagement in the development of Occupational Safety and Health field...... 75 Graph 21. Assessment of The Promotional Activities in The Field of Occupational Safety and Health ...... 77 Graph 22. Incidence of Occupational Injuries in Serbia Per 100.000 Employees 2009-2016. 80 Graph 23. Incidence of Serious Occupational Injuries in Serbia Per 100.000 Employees 2009- 2016...... 80 Graph 24. Incidence of Fatal Occupational Injuries in Serbia Per 100.000 Employees 2009- 2016...... 81 Graph 25. Incidence of Occupational Diseases in Serbia In the Period 2000-2016...... 82 Graph 26. Complexity of Occupational Injury Reporting ...... 82 Graph 27. Movement of The Population of Serbia In the Period 1948 - 2011 In Relation to The Place of Residence ...... 84 Graph 28. Educational Structure of Serbian Population by Sex (Census Data From 2011) ... 84
1 LAW ENACTION FRAME AND POLICY 1.1 Requirements for Occupational Safety and Health
Occupational Safety and Health is a fundamental employee right verified by the International Labor Organization Conventions, the EU Lisbon Agreement and the EU Directives. Occupational Safety and Health is a right guaranteed by the Constitution of the Republic of Serbia according to which everyone has the right to respect the dignity of one’s own personality, to Labor, to Occupational Safety and no one can forfeit these rights. Women, youth and disabled are enabled Special Occupational Safety and Health Rights and have Special Labor Conditions, according to Law. The Resolution of the Republic of Serbia Accession to the European Union (’’RS Official Gazette’’, no. 112/04) and the Verification Law of Agreement of Stabilization and Accession between the European Communities and their Member States, on one side, and the Republic of Serbia, on the other (’’RS Official Gazette’’, no. 83/08), have made demands to establish the Occupational Safety and Health System based on modern conditions of the EU market economy. The Occupational Safety and Health Strategy in the Republic of Serbia from 2013 to 2017 (’’RS Official Gazette’’, no. 100/13) promotes: application of Principles to Prevent Occupational Injuries and Diseases, active participation of Occupational Health Services, application of Labor Organizer Responsibility Principle for the domain of Occupational Safety and Health Regulations, engagement of employee Representatives in areas of Occupational Health and Safety, i.e. Boards for Occupational Health and Safety, deployment of Special Occupational Injury and Disease Insurance to compensate damage, implementation of Occupational Safety and Health in the educational system (elementary, high school and university education), implementation of a unitary Occupational Injury and Disease Register, continued education/training of professionals and personnel responsible for Occupational Health and Safety and other personnel, promotion of Prevention Culture and examples of Good Practice in this area, are the basic requirements in this sphere. Rights associated with Occupational Health and Safety come from Labor Rights, so the legal frame is already contained in the Labor Law, the Community-health Law, the Health Insurance Law, the Pension and Disability Fund Law and many other Laws having in mind that the sphere of Occupational Safety and Health has a multidisciplinary property. Basic Principles defined by the aforementioned Strategy are: Promotion: change in public awareness regarding the importance of Occupational Safety and Health Regulations by organizing various promotional activities and campaigns. Prevention: activities related to Occupational Safety and Health should focus on Preventing Occupational Injuries, Diseases and Health Issues. Most Occupational Injuries and Health Issues can be avoided, so Prevention is the most cost-effective way to proactively solve the issue of Occupational Safety and Health. Inclusion of everyone interested: improvements in the domain of Occupational Safety and Health at Workplace and in Working Environment, can be accomplished best if all participants in the Occupational Safety and Health System are included. In Working Environment, concerning Employees carrying out labor tasks and Representatives for Occupational Safety and Health Issues. On the level of the economy and the whole state, including Employers, Syndicates, State Organs, NGOs, Educational institutions, Scientific institutions, and other. Responsibility: Employers have the greatest responsibility regarding Occupational Safety and Health. Most important obligation of Employer is to ensure safe and healthy Working Environment for Employees and include them in all discussions related to Occupational Safety and Health Issues. The Employees are responsible for their own safety, which is seen through their interaction with Working Environment. Attainability: activities related to Occupational Safety and Health are based on the application of the Occupational Safety and Health Regulations and increase in skills and knowledge of system actors and reservation of necessary Funds for the application of those Regulations is needed to create Conditions for safe and healthy Labor. 1.2 Occupational Safety and Health Law (‘’RS Official Gazette’’, no. 101/05, 91/15 and 113/17 – other law)
Emergence of new socio-economic relations (transition, change in capital ownership) fulfils the prerequisites to completely synchronize the existing Occupational Safety and Health Regulations with the demands concerning Documents of the ILO and the EU, which is an obligation with respect to our State’s alignment. The Republic of Serbia, in accordance with the attitude to accelerate the accession to the EU as a full-pledged member-state and to access the Partnership for Peace, as a strategic national goal, enacted the Resolution of Accession of the Republic of Serbia into the EU and later on the Verification Law of the Agreement of Stabilization and Accession between the European Communities and the Member States, on one side, and the Republic of Serbia, on the other. The Occupational Safety and Health System is the interaction of numerous different elements, those being Law-making, Inspection, Insurance, technical expertise and solutions, Occupational Health Services and Community Health, media, education, research and other. Occupational Safety and Health has since the beginning been in the process of constant dynamic change. The aforementioned changes are a consequence of constant progress in technology, manufacturing, professional and social relationships and the realization of the importance of socio-economic consequences. The Law is made as such that it relates to all activities (industrial, agricultural, commercial, administrative, service, educational, cultural, medical, etc.), as well as to all Employees performing any Labor for employer under any condition. Exceptionally the Occupational Safety and Health Law is not applied for specific activities, such as military (war operations), police (specific interventions) and civil protection service (interventions in the conditions of higher power activities), which is specially provisioned by the Occupational Safety and Health Changes and Updates Law, however even in those conditions Occupational Safety and Health must be ensured in the highest of regards. The Law does not apply to household assistance staff and to self-employed. Nonetheless, the State has an obligation to educate the self-employed about the Occupational Safety and Health Regulations which is provided for by the means of the Action Plan to implement the Occupational Safety and Health Strategy of the Republic of Serbia. The Occupational Safety and Health System is based on the application of the Occupational Injury, Disease or Health Issue Preventive Regulations concerning the Employee before commencement and during labor on Workplace or Working Environment. This principle of Occupational Risk Prevention is promoted by the EU Directives (Council Directive 89/391/EEC of the 12th of June year 1989, concerning measures to promote improvement of employee Occupational Safety and Health during labor, as well as other special Directives enacted based on Article 16 of this Directive). Documents of the ILO, and especially the EU Documents, and other key Acts, such being the European Social Bill from the year of 1996 and the Risk Assessment Guidelines – Luxembourg in the year 1996, promote the principle of Occupational Workplace and Working Environment Risk Assessment. Having in mind the goal of this Law (reduction of Occupational Injuries, Diseases and Health Issues) the basic elements are: Implementation and Application of Preventive Measures before Labor commences; The Responsibility of the Employer to apply the Occupational Safety and Health Regulations, that cannot be accounted for by other persons; Risk Assessment of every Workplace and Working Environment; Engagement of Occupational Health Services to monitor the health condition of Employees; Greater Rights of Employees to partake in the application of the Occupational Safety and Health Regulations via Employee Representatives; The Responsibility of the Employer to perform Occupational Safety and Health Tasks (determining the person that performs Occupational Safety and Health Tasks – a person is to pass an exam to prove practical ability to carry out these activities); Founding of the Occupational Safety and Health Directorate; Implementation of the principle to grant Licenses for personnel carrying out Occupation Safety and Health Services; Supervision of application of this Law via integrated Occupational Inspection; High Court Fines, etc.
The Occupational Safety and Health Law (’’RS Official Gazette’’, no. 101/05), is enacted on the November of 2005, and the Changes and Updates Law of Occupational Safety and Health Law enacted on the 5th of November 2015, that came into action on the 13th of November the same year (’’RS Official Gazette’’, no. 91/15). In the year of 2014 changes and updates of the Occupational Safety and Health Law were discussed for multiple reasons. One of the reasons is in the fact that the Law (basic text) is enacted in the year of 2005 which means it is applied for ten years, and in the meantime, changes were made to the economy, and the domestic and the EU Regulations made effect to the functioning of the Occupational Safety and Health System. The Occupational Safety and Health Law is mostly concordant with the Council Directive 89/391/EEC, so the Changes and Updates Law were discussed in relation to further, more complete accordance with the aforementioned Directive. The reason changes and updates of the Occupational Safety and Health Law were made is also because of the fact that in the past when this Law was applied numerous Legislations directly associated with the implementation of Occupational Safety and Health from other domains supported by this Law were enacted, such as: Legislations concerning Product Safety and Technical Standardization, Legislations concerning Ecology, Forest Fire Protection, Protection of Young Females, Women, Disabled etc. so it is for this reason necessary for changes and updates to be made to the Occupational Safety and Health Law and harmonize it with the new Requirements that came forth from these Legislations. The application of Occupational Safety and Health Law makes evident that some Regulations are to be corrected for further and more efficient implementation. Occupational Safety and Health Law is composed of twelve key Chapters, those being: Basic Regulations Application of Preventive Measures Obligations and Responsibilities of Employers Rights and Obligations of Employees Occupational Safety and Health Tasks Organization The Role and Importance of Occupational Safety and Health Employee Representatives Registering, Associating and Reporting; Proficiency Exam and License Issuing; Authority of Occupational Safety and Health Directorate, National Recognitions, Supervision, Juridical, Transitional and Final Regulations.
1.3 Legislations Directly Related to Occupational Safety and Health Basic Aspects Enacted / Issued by the Government of the Republic of Serbia and the Authorized Ministries
1.3.1 Legislations Governing Occupational Safety and Health
Coming from the fact that the Occupational Safety and Health Regulations are applied to all activities (industrial, agricultural, commercial, administrative, service, educational, cultural, medical, etc.) as to all Employees performing Labor for Employer under any Condition, it should be stated that this domain is provided with a list of lesser Legislations that confirm the particular and preventive regulations based on the type of activity concerned. Table 1. Legislations Closely Governing Particular Law Enquiries Legislation Name Published Program, Methodology and Cost Rulebook regarding („RS Official Gazette”, no. Completion of Practical Exam to perform 111/13, 57/14, 126/14 and Occupational Safety and Health Tasks and Person 111/15) Responsible Activities Requirements and Cost Rulebook regarding Issuing („RS Official Gazette”, no. Licenses to perform Occupational Safety and Health 112/13, 57/14 and 102/15) Tasks Methodology Rulebook regarding Occupational („RS Official Gazette”, no. Safety and Health Requirement Verification 60/06) Completion Cost of Requirement Completion Verification Process („RS Official Gazette”, Rulebook regarding Occupational Safety and Health number 111/13) Methodology and Algorithm Rulebook regarding („RS Official Gazette”, no. Workplace and Working Environment Risk 72/06 and 84/06-correction, Assessment 30/10 and 102/15) Content and Methodology Rulebook regarding („RS Official Gazette”, no. Occupational Injury and Disease Report 72/06, 84/06-correction and 04/16) Utilized Equipment Inspection (Examination) Process („RS Official Gazette”, no. and Examination regarding Working Environment 94/06 and 108/06- Conditions correction, 114/14 and 102/15) Rulebook regarding Occupational Safety and Health („RS Official Gazette”, Registry number 62/07 and 102/15); Previous and Periodic Medical Examination Rulebook („RS Official Gazette”, no. regarding Employees performing High Risk Labor 120/07 and 93/08) Legislation Name Published Program, Method and Cost of Practical Exam („RS Official Gazette”, no. Preparation and Completion Rulebook regarding 113/13, 57/14 and 111/15) Project Draft Coordinator activities and Proficiency Exam for Constructor Coordinator activities Detailed Project Content Rulebook regarding („RS Official Gazette”, Construction Site Organization number 121/12 and 102/15) Theoretical Skill Improvement Program and Other ("RS Official Gazette", no. Inquiries Rulebook regarding Occupational Safety and 108/2017) Health Personnel Theoretical Improvement Table 2. Legislations transposing the EU Directives to Domestic Laws Legislation Name Published The EU Legislation Occupational Safety and Health „RS Official Council Directive 92/57/ЕЕZ Statute regarding Temporary or Gazette“ no. regarding Occupational Safety and Mobile Construction Sites 14/09, 95/10 Health Minimal Requirements for Temporary or Mobile Construction Sites Occupational Safety and Health „RS Official Council Directive number Preventive Regulations Rulebook Gazette” no. 89/656/ЕЕZ regarding regarding Utilization of Protective 92/08 Occupational Safety and Health Equipment and Devices for Labor Minimal Requirements for (this Rulebook abolishes Employee Personal Protective Rulebook for Means of Personal Equipment Utilization Protection during labor and Personal Protective Garment “SFRY Off. gazette’’, number 35/69) Occupational Safety and Health „RS Official Council Directive number Preventive Regulations Rulebook Gazette” no. 89/654/EEC regarding regarding Labor at Workplace 21/09 Occupational Safety and Health (this Rulebook abolishes Minimal Requirements for Occupational Safety General Employees at Workplace Regulations Rulebook for Workplace and Accessory Facilities (“SRS off. gaz., number 29/87) Occupational Safety and Health „RS Official Council Directive number Preventive Regulations Rulebook Gazette” no. 89/655/EEC regarding regarding Labor Equipment 23/09, 123/12 Occupational Safety and Health Utilization (this Rulebook and 102/15 Minimal Requirements while abolishes Occupational Safety Utilizing Labor Equipment at Regulations and Norms Rulebook Workplace for Protection during Labor and Utilized Labor Equipment “SFRY Off. Gaz.”, 18/91) Occupational Safety and Health „RS Official Council Directive no. 90/269/EEC Preventive Regulations Rulebook Gazette” no. regarding Occupational Safety and regarding Manual Load Handling 106/09 Health Minimal Requirements for Manual Load Handling where Employee Back Injury Risk Exists Legislation Name Published The EU Legislation Occupational Safety and Health „RS Official Council Directive number Preventive Regulations Rulebook Gazette” no. 90/270/ЕЕZ of 29/5/1990 regarding Display Screen 106/09 and regarding Occupational Safety and Equipment Utilization 93/13 Health Minimal Requirements for Display Screen Equipment Operations Occupational Safety and Health „RS Official European Parliament and Council Preventive Regulations Statute Gazette” no. Directive no. 2009/148/ЕZ regarding Exposure to Asbestos 108/15 regarding Employee Protection concerning Workplace Exposure to Asbestos (Codified Version) Occupational Safety and Health „RS Official Council Directive no. 98/24/ЕZ Preventive Regulations Rulebook Gazette” no. regarding Occupational Safety and regarding Exposure to Chemical 106/09 and Health Employee Exposure to Agents 117/17 Chemical Agents on Workplace Occupational Safety and Health „RS Official European Parliament and Council Preventive Regulations Statute Gazette” no. Directive no. 92/91 ЕЕZ regarding regarding Deep Mining 61/10 Minimal Requirements for Exploitation Works of Mineral improving Occupational Safety Ore and Health of Employees performing Deep Exploitation of Mineral Ore Occupational Safety and Health „RS Official European Parliament and Council Statute regarding Preventive Gazette” no. Directive 92/104/ЕЕZ regarding Regulations for Underground and 65/10 Minimal Requirements to Improve Surface Exploitation Works of Occupational Safety and Health of Mineral Ore Employees performing Underground and Surface Exploitation of Mineral Ore Industry Occupational Safety and Health „RS Official Directive 93/103/ЕZ European Statute regarding Fishing Vessels Gazette” no. Parliament and Council regarding Labor 70/10 Occupational Safety and Health Minimal Requirements for Fishing Vessels Labor Occupational Safety and Health „RS Official Council Directive no. 92/58/ЕЕZ Labelling Rulebook Gazette” no. regarding Minimal Requirements 95/10 of securing Occupational Safety and/or Health Labels (Tags) Legislation Name Published The EU Legislation Occupational Safety and Health „RS Official European Parliament and Council Preventive Regulations Rulebook Gazette” no. Directive no. 2000/54/ЕZ for Exposure to Biologic Hazards 96/10 regarding Protection of Employees from Exposure to Biologic Hazards at Workplace Occupational Safety and Health „RS Official European Parliament and Council Preventive Regulations Rulebook Gazette” no. Directive no. 2002/44/ЕZ regarding Exposure to Vibrations 93/11 regarding Minimal Protection of Employees from Exposure to Physical Hazards (Vibrations) Risk Occupational Safety and Health „RS Official European Parliament and Council Preventive Regulations Rulebook Gazette” no. Directive number 2003/10/EC regarding Exposure to Noise (this 96/11 and 78/ regarding Employee Exposure to Rulebook abolishes Occupational 015 Risks caused by Physical Factors – Safety Norms and Regulations Noise Rulebook for Exposure to Noise in Labor Facilities SFRY Official Gazette, no. 21/92) Occupational Safety and Health „RS Official European Parliament and Council Preventive Regulations Rulebook Gazette” no. Directive 2004/37/EC regarding regarding Exposure to 96/11 and Employee Protection from Risks Carcinogens or Mutagens 117/17 related Exposure to Carcinogen and Mutagen at Workplace Occupational Safety and Health „RS Official Directive number 1999/92/EC Preventive Regulations Statute Gazette” no. from European Parliament and regarding Atmospheric Explosion 101/12 and Council regarding Minimal Risk 12/13- Requirements to Improve correction Occupational Safety and Health of Employees Exposed to Gas Explosion Risk Occupational Safety and Health „RS Official Directive 2013/35/ЕU regarding Preventive Regulations Rulebook Gazette” no. Minimal Requirements for regarding Exposure to 111/15 Occupational Safety and Health of Electromagnetic Field Employees Exposed to Risks related to Physical Hazards (Electromagnetic Fields) Legislation Name Published The EU Legislation Occupational Safety and Health „RS Official European Parliament and Council Preventive Regulations Rulebook Gazette” no. Directive 2006/25/EC regarding regarding Exposure to Artificial 120/12 and Protection of Employees from Optic Radiations 29/13- Risks of Exposure to Physical correction Hazards - Artificial Optic Radiation;
Table 3. Legislations currently under power as Lawful rules, if not discordant with Law. Legislation Name Published Labor Safety Special Regulations Rulebook „SRS Official Gazette”, no. 2/83 regarding Non-metal Mineral Processing Labor Safety Special Regulations Rulebook „SRS Official Gazette”, no. 19/85 regarding Railroad Traffic Engineering Labor Safety Special Regulations Rulebook „SRS Official Gazette”, no. 25/87 regarding Ferrous Metallurgy Labor Safety Special Regulations Rulebook „SRS Official Gazette”, no. 33/88 regarding Forestry Labor Safety Special Regulations Rulebook „SRS Official Gazette”, no. 51/88 regarding Mechanical Processing of Wood and Similar Materials Labor Safety General Regulations Rulebook „SRS Official Gazette”, no. 21/89 regarding Electrical Hazards at Labor Objects, Labor Facilities and Labor Workplaces intended for Labor Labor Safety Rulebook regarding Construction „SRS Official Gazette”, no. 53/97 Works Sanitary and Technical Safety Regulations Rulebook „SRS Official Gazette”, no. regarding Quarries and Brickworks, also for 69/48, except Art. 58. – 61 Extraction of Clay, Sand and Gravel Technical and Medico-technical Safety Regulations „SRS Official Gazette”, no. 55/50 Rulebook regarding Chemical Technology – Add. number 9; Operations Sanitary and Technical Safety Regulations Rulebook „SRS Official Gazette”, no. 36/58 regarding Underwater Diving Labor Sanitary Technical Safety Regulations Rulebook „SRS Official Gazette”, no. 14/64 regarding Port Transport Operations Legislation Name Published Labor Safety Rulebook regarding Thermal „SRS Official Gazette”, no. 48/65 Processing of Light Metal Alloy Furnishings in Nitrate Salt Baths Labor Safety Rulebook regarding Motor Vehicle „SRS Official Gazette”, no. 55/65 Maintenance and Motor Vehicle Transport Labor Safety Rulebook regarding Vehicle Loading „SRS Official Gazette”, no. 17/66 and Unloading Labor Safety and Technical Regulations Rulebook „SRS Official Gazette”, no. 6/67, regarding Acetylene Developer Personnel and 29/67, 27/69, 52/90, 2/92, 6/92 Acetylene Stations Order to Ban Motor Fuel for Degreasing, Washing „SRS Official Gazette”, no. 23/67 and Cleaning of Metal Parts of Objects of Other Material Labor Safety Rulebook regarding Agriculture „SRS Official Gazette”, no. 34/68 Employee Accommodation and Food Rulebook, i.e. Means of Transportation from Home to Workplace „SRS Official Gazette”, no. 41/68 and Vice Versa Labor Safety Rulebook regarding Explosives Manufacture and Manipulation of Explosives and „SRS Official Gazette”, no. 55/69 Gunpowder Special Safety Norms and Regulations Rulebook regarding Processing and Furnishing of Leather, Hide „SRS Official Gazette”, no. 47/70 and Leather Scraps First Aid Protocol and Rescue Service Organization Equipment and Protocol for Labor Emergency „SRS Official Gazette”, no. 21/71 Situations Rulebook Abolishment of Sanitary and Technical Safety „SRS Official Gazette”, no. Regulations Rulebook regarding Hemp Facilities 112/09 Annulment Guide regarding Supervision Method Guide to Verify Legislations regarding Labor Safety „SRS Official Gazette”, no. 23/10 of Manufacturing Facilities for Particular Military Purposes
Table 4. Legislations enacted by the Government of the Republic of Serbia Legislation Name Published Occupational Safety and Health Strategy of the „RS Official Gazette”, number Republic of Serbia for year 2013 to 2017 100/13 Legislation Name Published Occupational Safety and Health Strategy „RS Official Gazette”, number Implementation Action Plan for year 2013 to 2017 81/14 Decision to Enact the Occupational Safety and Health „RS Official Gazette”, number Day in the Republic of Serbia 17/10 Decision to Found the Occupational Safety and „RS Official Gazette”, no. 40/05 Health Council in the Republic of Serbia and 71/07 Revised European Social Bill Verification Law „RS Official Gazette – International Contracts”, no. 42/09
1.3.1.1 Occupational Safety and Health Survey in the Republic of Serbia Questionnaire results1 show that the majority of participants marked the status of Occupational Safety and Health in the Republic of Serbia as satisfactory (graph 1). Also, in majority, the Questionnaire participants marked juridical Legislations as satisfactory (graph 2). Almost all Questionnaire participants deem that it is necessary to enact special Regulations in the domain of Occupational Safety and Health (graph 3). Graph 1. Evaluation of Occupational Safety and Health in the Republic of Serbia
2% 11% 23%
Non-satisfactory Satisfactory Good 26% Very good Excellent Not applicable
38%
1 In this research a Questionnaire was completed via ’’on-line’’ platform ’’Google Forms’’. Information regarding the Questionnaire as well as an invitation to participate was forwarded to ’’e-mail’’ addresses of the Occupational Safety and Health Association members, Occupational Safety and Health Good Praxis Club and published on web pages belonging to Occupational Safety and Health Association and “Beopreventiva” company. For the period of 14/02/2018 to 7/3/2018 the call was answered by 53 persons. Majority of people that participated in the Questionnaire (64.8%) were Occupational Safety and Health personnel, of them 24.1% are directors. The majority of participants (38.9%) work in companies that have over 250 employees, 25.9% work in companies with up to 9 employees and 24.1% are in organizations with 50 to 249 employees. The minority of participants (11.1%) work in companies with 10 to 49 employees. Besides basic information, the participants answered 23 questions with multiple choices given. Graph 2. Evaluation of the Occupational Safety and Health Juridical Legislations of the Republic of Serbia
4% 7% 6%
Non-satisfactory Satisfactory 25% 32% Good Very good Excellent Not applicable
26%
Graph 3. Necessity to Enact Occupational Safety and Health Special Regulations
7% 2%
Yes No No opinion
91%
1.3.2 Legislations Regulating Labor Inspection
Labor Inspectorate, as a governing organ of the Ministry of Labor, Veterans' and Social Affairs is promoted by the Ministry Law (“RS Official Gazette”, no. 44/14,14/15,54/15,96/15- other law and 62/17). Labor Inspectorate, performs Inspectional Labor and related proficient Labor in the domain of Labor Relations and Occupational Safety and Health that applies to: regular and control Supervision; Registering Fatalities, Severe and Collective Occupational Injuries; Occupational Safety and Health Requirement Completion Verification, before the commencement of Employer Labor, as to other Labor defined by Law. Authorizations and Duties of Labor Inspector is regulated by the State Governance Act (''RS Official Gazette“, no. 20/92, 48/93, 79/05 and 101/07), the Labor Law ("''RS Official Gazette ", no. 24/05, 61/05 and 54/09), the State Organ Labor Relations Law ("''RS Official Gazette ", no. 48/91, 39/02 and 79/05) and the Occupational Safety and Health Law (''RS Official Gazette ", no. 101/05, 91/15 and 113/17). Table 5. Basic Legislations supervised by Labor Inspection: Legislation Name Published Labor Law „RS Official Gazette”, no. 24/05, 61/05, 54/09, 32/13 and 75/14, 113/17 Occupational Safety and Health Law „RS Official Gazette”, no. 101/05, 91/15 and 113/17 – other law Volunteering Law „RS Official Gazette”, no. 36/10 Law to Stop Occupational Harassment „RS Official Gazette”, no. 36/10 Protection of Population from Exposure to Tobacco „RS Official Gazette”, no. 30/10 Smoke Law Law concerning Peaceful Resolve of Labor „RS Official Gazette”, no. 125/04, Disputes 104/09 Strike Law „FRY Off. Gazette", no. 29/96 and „RS Off. Gazette", no. 101/2005 – other law Requirements Law for Referring Employees „RS Official Gazette”, no. 91 /15 Abroad on Temporary Labor and Their Protection Statute regarding Definition of Hazardous Labor for „RS Official Gazette”, no. 53 /17 Children Besides Legislations mentioned herein, the Labor Inspection also supervises other Laws and Legislations. Labor Inspection supervises the application of General Collective Contracts, Collective Contracts (Special and Individual), General Acts and Labor Contracts that manage Rights, Obligations and Responsibilities of Employees belonging to Organizations, Juridical Persons and Other Forms of Organization, as well as Establishments. The Labor Inspector is authorized while performing Inspectional Supervision for the Employer to: • Examine General and Individual Acts, Registries and Other Documentation; • Examine Statements from Responsible and Interested Parties; • Examine Labor Facilities, Objects etc. • Process Citizen, Employee and Other Physical and Juridical Body Reports. • Propose Solutions for Regulation Application and Actions to Remove Determined Law Offense, • Submit Applications to Organs authorized for Criminal Offense or Economic Crimes, • Submit Request to Actuate Delictual Process, • Inform Other Organs if reasons exist for which the Organ is authorized to Act, • Actuate Initiatives to Stop Legislation Execution, or to Annul or Abolish Legislations or Other General Acts discordant with the Constitution or Law, • Execute in Cases of Irregular Labor Contract Annulment, Decrees to Postpone from Execution Contract Annulment, returns Employee to Labor until Juridical Process is Completed. During Supervision activities, the Labor Inspector must have an official Proof of proving him/her as an Inspector. Supervision is performed for domestic and foreign Juridical and Natural Bodies that have Employees, i.e. have an Employer status. Inspection is executed by official duty or by Party request. In the process of inspectional supervision, the Labor Inspector has the right and the duty to take action, to control the domain of Occupational Safety and Health and especially Sanitary and Technical Conditions, Manufacture, Distribution, Utilization and Maintenance of Labor Devices, Personal Protection Devices and Equipment, Dangerous Materials and Other. Labor Inspector is obliged to immediately Supervise, after Employer Reports every Fatality, Severe or Collective Occupational Injury, as well as any dangerous event that could jeopardize Occupational Safety and Health, i.e. immediately after the received request, i.e. Report submittal. Labor Inspection is to order the Employer, and the Employee to take actions and activities to remove causes of Injuries, Occupational Safety and Health Hazards, and measures that can Prevent Injuries and lessen or remove Safety and Health Hazards. Labor Inspector is due, for the duration of employee Safety and Health Hazard, to forbid Labor at Workplace of Employer. Health Inspector can order the execution of General Authorized Regulative that can remove the Labor Hazard or lessen employee Health Risk, in the scope of possibilities. In cases where Employer has not ensured necessary Safety and Health Regulations, the labor Inspector submits request to actuate delictual process. Table 6. Legislations that regulate the domain of Labor Inspection Legislation Name Published Administrative Dispute Law „RS Official Gazette”, no. 111/09 Inspectional Supervision Law „RS Official Gazette”, no. 35/15 General Process of Governing Law „RS Official Gazette”, no. 33/97 and 31/01 and „RS Official Gazette”, no. 30/10 State Governance Law „RS Official Gazette”, no. 79/05, 101/07, 95/10, 99/14 Ministry Law „RS Official Gazette”, no. 44/14, 14/45 and 54/15 Common Elements Statute regarding „RS Official Gazette”, no. 81/15 Inspectional Supervision Risk Assessment Legislation Name Published Form Design and Method Statute regarding „RS Official Gazette”, no. 81/15 Inspectional Supervision Registry Delictual Law „RS Official Gazette”, no. 65/13 Program and Method Rulebook regarding „RS Official Gazette”, no. 81/15 Inspector Exam Form Design Rulebook regarding Official Proof „RS Official Gazette”, no. 81/15 of Identity for Inspectors General Form Rulebook regarding Inspectional „RS Official Gazette”, no. 81/15 Supervision Record Program and Method Statute regarding National „RS Official Gazette”, no. 16/09 Proficiency Exam Completion and 84/14 Common Elements Statute regarding „RS Official Gazette”, no. 81/15 Inspectional Supervision Risk Assessment Special Elements Rulebook regarding Risk „RS Official Gazette” no. 117 /17 Assessment, Frequency of Inspectional
Supervision on Basis of Risk Assessment and Special Elements Plan regarding Inspectional Supervision of Labor Relations and Occupational Safety and Health Form and Method Rulebook regarding Internal „RS Official Gazette” no. 118/17 Control of Labor Inspection for Work Relations and Occupational Safety and Health, and Social Welfare Especially important is the Inspectional Supervision Law (“RS Official Gazette”, no 36/15) which is a systematic, state-of-the-art and reformed Law that governs the methodology of Inspectional Supervision, authorizations and duties of Inspectional Supervision participators, coordination of Inspectional Labor and better utilization of Inspectional resources. Special attention should be paid to the introduction of checklists in the process of regular inspection. The following checklists have been introduced: • Checklist Inspection Control – Construction site • Checklist - Integrated inspection control • Checklist - Regular inspections in the field of labor relations • Checklist - Regular inspection supervision over the application of the law on the conditions for sending employees to temporary work abroad and their protection • Checklist Inspection Control - General part in the field of occupational safety and health • Checklist for inspection in the field of occupational safety and health in forestry Regarding Labor Inspection, the most important provision of the Inspectional Supervision Law is the one broadening Labor Inspection authority to nonregistered subjects. Labor Inspectors execute orders that comply nonregistered subjects to immediately actuate a registering process in order to be registered into the proper Registry and forbids them to carry out labor and perform activities until Requirements are fulfilled and to remove other registered illegalities.
1.3.3 Legislations that Regulate Insurance and/or Compensation due to Occupational Injury and diseases (including Occupational Disease and occupational Injury list eligible for Compensation) as well as Registering and Reporting Requirements
The basis of ensuring Occupational Injury and Disease Insurance is contained in the ILO Conventions (no. 102 and 121), promoting decent labor i.e. equal possibilities for men and women to obtain a decent and productive job in the Conditions of freedom and equality, safety and human dignity. Strategic goals of aforementioned Documents are, among others, Social Welfare, and increase in Social Welfare scope and dignity for All. Verifying the aforementioned Conventions (2000), our State has pledged to concord Law concerning Social Welfare with the goals of Conventions. Social Welfare also implies Funds due to Occupational Injury and Disease. Rights implied in the Republic of Serbia by Social Welfare Conventions are related to Insurance due to Occupational Injuries and Occupational Diseases and verified by the Health Insurance Law (“RS Official Gazette”, no. 107/05, 72/09 – other law, 88/10, 99/10, 57/11, 119/12, 45/13– other law, 93/14, 96/15, 106/15), the Pension and Disability Insurance Fund Law (“RS Official Gazette”, no. 34/03, 64/04 – RSCC decision, 84/04 – other law, 85/05, 101/05 – other law, 63/06 – RSCC decision, 5/09, 107/09, 101/10, 93/12, 62/13, 108/13, 75/14 and 142/14) and the Social Welfare Mandatory Contributions Law (“RS Official Gazette”, no.84/2004, 61/2005, 62/2006, 5/2009, 52/2011, 101/2011, 7/2012 – corrected dinar amount, 8/2013 – corrected dinar ammount.,47/20013, 108/2013, 6/2014 – corrected dinar ammount,57/2014, 68/2014 – other law, 5/2015 – corrected dinar ammount,112/2015, 5/2016 – corrected dinar ammount,7/2017 – corrected dinar ammount,113/2017 and 7/2018 – corrected dinar amount).
The Health Insurance Law confirms, besides other, health Insurance right in cases of Occupational Injuries and Occupational Diseases and encompasses health Insurance in cases of Occupational Injury and Occupational Disease that is secured on Primary, Secondary and Tertiary level.
This Law confirms that every Injury, Disease or Death is an Occupational Injury if it is due to Labor Accidents, i.e. any unexpected or unplanned event during Labor caused by Labor or related to Labor including violent acts resulting in Injury, Disease or Death of the Insurant immediately or in the next 12 months from the moment of the event.
Every Disease caused by prolonged exposure to Hazards occurring at Workplace is deemed an Occupational Disease.
The Pension and Disability Insurance Law also defines Occupational Injuries and Occupational Diseases, so it is deemed that Occupational Injury is any Insurant injury that manifests in spatial, temporal or causal relation to Labor for which Insurance exists, caused by direct and short-acting mechanical, physical or chemical effect, sudden body movement, unexpected encumbrance or other disruptions of physiological state of organism.
Occupational Injury is also an injury that the Insurant – Employee suffers while performing Labor for which he is not appointed to but is performed in Employer’s interest for whom Labor tasks are carried out.
Occupational Injury is also defined as such if it manifests during Employee's Travel, i.e. on his regular route from home to Workplace or vice versa, during business trips or on way to commence labor or in other cases defined by Law.
Occupational Injury is also a disease caused by immediate or exclusive effect of an unfortunate event or the effect of higher forces during Labor activities and activities related to it for which Insurance exists.
Occupational Injury is also defined as such if the Insurant suffers from it during the execution of healthcare Rights due to Occupational Injuries and Occupational Diseases.
Occupational Diseases, are diseases defined for the duration of the Insurance, caused by prolonged direct effect of Labor Processes and Conditions at Workplace, i.e. by Labor carried out by the Insurant.
Social Welfare Mandatory Contributions Law defines Rates of Contribution that are calculated and payed for Welfare Contributions, among others for Occupational Injury.
A verified list of Occupational Injuries does not exist in the Republic of Serbia, but the Occupational Injury and Occupational Disease Register and Notifier of the International Labor Organization is in utilization.
The list of Occupational Diseases is in the Republic of Serbia defined by the Occupational Disease Verification Rulebook („RS Official Gazette”, no. 105/03) encompassing 56 Occupational Diseases. Besides Insurance defined by Article 53 Provisions of the Occupational Safety and Health Law, Employer’s obligation is to provide Insurance for Employees due to Occupational Injuries and Occupational Diseases, in order to secure Compensation for suffered damage and loss. Also, it is determined that financial resources for the Insurance of Employees are on the burden of Employer and are defined in relation to Injury and Disease Risk Level at Workplace and in Working Environment. Insurance Requirements and Protocol concerning Occupational Injuries and Occupational Diseases are defined by Law. The Health Insurance Law and the Pension and Disability Insurance Law do not define the issue of Employee protection from Occupational Injuries and Professional Diseases with respect to damage Compensation, based on the content of this Article. Also, ruling Regulations in the Republic of Serbia through mandatory Health and Pension and Disability Insurance do not point in particular to Occupational Injuries and Occupational Health Issues Contributions, i.e. Contributions on this basis. The Insurance system needs reformation for it poses a series of questions, such as Employer’s Responsibility to financially Compensate in cases of Occupational Injuries and Health Issues when Health Safety Regulations were not exercised, appropriate Compensation for Injuries and Diseases suffered during Labor, as well of the Employer motivation to invest in Preventive Measures required for safe and healthy Work operations. Lack of appropriately legislations concerning Damage Compensation related to Occupational Injuries or Occupational Diseases causes lengthy court trials so that Employee who suffered from Occupational Injuries or Occupational Diseases hardly receives the right compensation. Advantage of ensuring Damage Compensation Regulations in relation to Occupational Injuries and Diseases is to motivate the Employer to Invest more in Safety and Health Measures, to remove and to decrease the rate of Occupational Injuries and Diseases. This type of Insurance is directly proportional to Workplace and Working Environment Risk Level and is Employer’s Responsibility. In the following period, Occupational Injury and Disease Insurance should be especially focused on, and which would result in Employer’s understanding of importance to Invest in Health Safety Measures not in sense of expenditure but in economic gain, as for the employer so for Employees and for the society as whole. Collective Employer Contracts often provide for this issue and the Employees are Insured by Insurance Companies in accordance with Assets and Parties Insurance for unfortunate events, including the Insurance concerning Occupational Injuries and Diseases. Basic fault of this type of Insurance is that the Insurance Premium is not in accordance with real damage that Employee endures due to Occupational Injuries and Diseases. Article 49 Provision of the Occupational Safety and Health Law enacts Employer’s duty to register and keep, among others, the Register concerning Occupational Injuries and Diseases. This obligation is implied in the ILO conventions and the EU Directives related to exercising Occupational Safety and Health Rights and Labor Inspection duties in the act of Occupational Injury Report (Convention no. 81, 179, 155 and other). The obligation to Register Occupational Injuries and Diseases is defined by the Occupational Safety and Health Registry Rulebook („RS Off. Gazette”, no 62/07 and 102/15), and Reporting Occupational Injuries and Diseases is defined by the Form and Content Rulebook regarding Occupational Injury and Disease Report („RS Official Gazette”, no. 72/06, 84/06 and 04/16). Obligation of Employer to Register and Report Occupational Injuries and Diseases is enacted by Article 50 and 51 Provisions of the Occupational Safety and Health Law. To objectively perceive the factual state of the Occupational Injury event, and to determine the true source and cause of the Occupational Injury, Inspector is needed to the place of the injury as soon as possible, to determine the facts and gather required data. For these reasons, Employer is due, and up to 24 hours of the event, to immediately Report in written and oral form to authorized Labor Inspection and Internal Affairs institution every Fatality, Collective and Severe Occupational Injury, an occupational injury for which an Employee is not capable of working for three consecutive days, as well as any dangerous event2 that could jeopardize the Safety and Health of Employees.
2 Law on Occupational Safety and Health, in the provision of Article 4 defines the notion of "dangerous event," which claims: "A dangerous event is an event that is endangered or could endanger the life and health of an An obligation of Labor Inspection, enacted in the ILO Convention no. 81, is to above all immediately Examine the state of the place where the Occupational Injury manifested and to execute authorized actions, so no repetition of same or similar Employee Injuries is to be, the essence of Supervision regarding Occupational Injuries being the implementation of Occupational Safety Regulations. 1.4 Laws and Legislations Covering Aspects of Occupational Safety and Health Enacted by Other Government Ministries
Having in mind that the domain of Occupational Safety and Health is multidisciplinary and is secured by applying state of the art technical, medical, educational, social, organizational and other Regulations, is regulated besides Legislations in the area of Occupational Safety and Health, by other Legislations in the appropriate domains. Table 7. Other Legislations related to Occupational Safety and Health Legislation Name Published Health Insurance Law “RS Official Gazette”, no. 107/05, 109/05-correction, 57/11, 110/12 - CC, 119/12, 99/14,123/14, 126/14 - CC and 106/15 Community Health Law “RS Official Gazette”, no. 107/05, 72/09 – other law, 88/10, 99/10, 57/11, 119/12, 45/13– other law, 93/14, 96/15, 106/15 Pension and Disability Insurance Law “RS Official Gazette”, no. 34/03, 64/04 – RSCC decision, 84/04 – other law, 85/05, 101/05 – other law, 63/06 – RSCC decision, 5/09, 107/09, 101/10, 93/12, 62/13, 108/13, 75/14 and 142/14 Business Associations Law “RS Official Gazette”, no. 36/11, 99/11, 83/14-other law and 5/15 Economic Chambers Law “RS Official Gazette”, no. 112/2015 Criminal Law “RS Official Gazette”, no. 85/05, 88/05- correction, 107/05-correction, 72/09, 111/09, 121/12, 104/13 and 108/14 Socioeconomic Cooperation Unit Law “FRY Off. Gazette”, no. 41/96 and 12/98 and „RS Official Gazette”, no.101/05 – other and 34/06
employee or there is a risk of injury to an employee". The term "dangerous event" is an evident event that can endanger the life and health of an employee and has to be addressed by applying measures for safe and healthy work. In accordance with Article 49 of this Law, the employer is obliged to keep records of occurrences of dangerous events, which is regulated by the Regulations on Occupational Health and Safety Records. Legislation Name Published Socioeconomic Council Law “RS Official Gazette”, number 125/2004 Adult Education Law “RS Official Gazette”, number 55/13 Red Cross of Serbia Law “RS Official Gazette”, no. 107/05 Chemicals Law “RS Official Gazette”, number. 36/09, 88/10, 92/11, 93/12 and 25/15 Ecology Law “RS Official Gazette”, no. 135/04, 36/09, 36/09-other law, 72/09-other law and 43/11- CC decision and 14/2016 Fire Protection Law “RS Official Gazette”, no. 111/09 and 20/15 General Product Safety Law “RS Official Gazette”, no. 41/09 Market Supervision Law “RS Official Gazette”, no. 92/11 Accreditation Law “RS Official Gazette”, no. 73/10 Standardization Law “RS Official Gazette”, no. 36/09 and 46/15 Construction and Planning Law “RS Official Gazette”, no. 72/09, 81/09- correction, 64/10 – CC decision, 24/11, 121/12, 42/13 – CC decision, 50/13 – CC decision, 98/13 – CC decision, 132/14 and 145/14 Technical Requirements for Products Law “RS Official Gazette”, no. 36/09 and Compatibility Evaluation Occupational Rehabilitation Law and “RS Official Gazette”, no. 36/09 Employment of the Disabled Officials Law and Letters “RS Official Gazette”, no. 45/91, 53/93,67/93, 48/94, 101/05 – other law and 30/10 Protection of Personal Data Law “RS Official Gazette”, no. 97/08, 104/09- other law, 68/12 – CC decision and 107/12 Waste Management Law “RS Official Gazette”, no. 36/09 and 88/10 Employment and Unemployment Insurance “RS Official Gazette”, no. 36/09, 88/10 Law and 38/15 Legislation Name Published Criminal Sanctions Law “RS Official Gazette”, no. 55/14 High School Education and Upbringing Law “RS Official Gazette”, no. 55/13 and 101/17 University Education Law “RS Official Gazette”, number 88/17 Dual Education Law “RS Official Gazette”, no. 101/17 Delictual Law “RS Official Gazette”, no. 65/13 Resolution of Accession of the Republic of “RS Official Gazette”, no. 112/04 Serbia to the EU Confirmation Agreement of Stabilization and “RS Official Gazette”, no. 83/08 Accession Law between The European Community and Their Member States and The Republic of Serbia Confirmation Law regarding Revised “RS Official Gazette – International European Social Bill Acts”, number 42/09 Labor Classification Statute “RS Official Gazette”, no. 54/10 Rulebook of Scientific and Art, i.e. “RS Official Gazette”, no. 30/07, Proficiency Domains regarding Educational 112/08 and 72/09 Scientific and Educational Art Spheres Major Requirements Rulebook regarding “RS Official Gazette”, no. 43/06, Healthcare Labor in Medical Institutions and 112/09, 50/10, 79/11, 10/12-10/12- Other Forms of Healthcare Services another rulebook, 119/12–other rulebook and 22/13 Rulebook for Machine Equipment Safety “RS Official Gazette”, no. 13/10 Rulebook for Personal Protection Equipment “RS Official Gazette”, no. 100/11
1.5 Occupational Safety and Health National Policy
The Occupational Safety and Health National Policy is adopted by the Occupational Safety and Health Council in year 2006. This resulted in national improvement of the Occupational Safety and Health System, stimulated education and development of Labor Culture in the sphere of Occupational Safety and Health with the ultimate goal of decreasing Occupational Injuries, Occupational Diseases and Occupational Health Issues. The basis of the National Policy draft is contained within the Statutes of Articles 4 and 7 of the ILO Convention no. 155 regarding the Occupational Safety and Health of the Working Environment (year 1981), Article 3 Statute of the Revised European Social Act from 1996 and the ILO Convention no. 187 regarding the Occupational Safety and Health Promotional Frame in 2006, which define consulting with Social Partner Representatives to formulate, execute and periodically revise the unitary Occupational Safety and Health National Policy. The goal of this Policy is to improve and ensure health of work-able population, improvement of Labor Conditions in order to Prevent Occupational Injuries and Occupational Diseases as much as possible, and to remove Occupational Risk. The National Policy contains Vision with a purpose and a course for future development of the Occupational Safety and Health System in the Republic of Serbia and Mission to focus on Preventing Occupational Injuries and Diseases as well as access to small and medium company sector, high-risk professions and especially vulnerable Employee groups. Vision of the Policy is to help balance the socioeconomic development and progress of the Republic of Serbia fully respecting the Occupational Safety and Health Legislations with the intention to raise awareness in this domain, i.e. to develop Labor Culture and to create Conditions of professional prosperity, professional quality of life and good health. Mission of the Policy is based on developing Occupational Safety and Health Labor Conditions to maximally decrease Occupational Injuries, Occupational Diseases and Occupational Health Issues. The Mission is mostly focused on the sector of small and medium Companies creating presumptions to improve the implementation of enacted Occupational Safety and Health Regulations. High-risk Labor (construction, wood processing activities, chemical industry, agriculture, and other) as well as especially Sensitive Employee Groups (pregnant women, the young and others) will be specially strengthened through campaigns, educations and similar. The Mission of Occupational Safety and Health National Policy has set into motion: • Promotion of National Prevention Culture development in the domain of Occupational Safety and Health (raising awareness and informing the public); • Stopping Occupational Injuries, Occupational Diseases and Occupational Health Issues by decreasing Risks at Workplace and in Working Environment to the least possible measure in accordance with Law and Praxis. Basic elements of the National Policy are: • Erection, Maintenance, Progressive Development and Periodical Revisement of the Occupational Safety and Health System by consulting Employer and Employee Representative Organizations; • Enaction of Laws, Legislations, Collective Agreements and other instruments of Law concerning Occupational Safety and Health; • Implementation of Special Occupational Injury and Disease Insurance; • Education of able Parties (government, employer and employees) Responsible for Occupational Safety and Health in accordance with Law and Praxis; • Definition of Priorities regarding problems concerning Occupational Safety and Health in: o Small and medium-size Companies, o High-risk Sectors (construction, chemical industry, agriculture and similar), o Especially Sensitive Employee Groups (women, children, youth, migrants, labor at home). • Adoption of Mechanisms and Procedures to implement Legislations concerning Occupational Safety and Health (Integrated Labor Inspection); • Promotion and Cooperation in the field of Occupational Safety and Health on all levels of Employer, Employee and State Organizations (Employers Union, syndicates, Inspection, Pension, Disability, Community-Health Insurance Funds, NGOs and others); • Initiation to implement Legal Proposals regulating financial and Budget resources in the sphere of Occupational Safety and Health; • Cooperation in the sphere of Occupational Safety and Health with NGOs; • International Cooperation. 1.6 Abstract
Considering all aforementioned, it can be stated that the Legislations concerning Occupational Safety and Health are enacted in major accordance with the ILO Conventions and the EU Directives both in the aspect of Preventive Regulations and in the aspect of creating an institutional frame. Labor Inspectorate, in the light of new Policies, the organization that performs Inspectional Supervision is well-organized and educated, especially in grey economy suppression. However, beside Legislations that are close to the European standards and improved performance of Labor Inspection on the level of Legislation implementation is not on a satisfactory level, especially in small and medium size companies. For the following period it is Required, together with Social Partners, through various types of cooperation, to find a way both for Employer and for Employee to use Occupational Safety and Health Regulations. 1.7 Situation Analysis and Recommendations
In the area of Occupational Safety and Health it is a fact that during the legislation enactment non-governmental Organizations were participating but not in a sufficient manner. From year 2005, i.e. from the Occupational Safety and Health Law and Legislations until present moment, syndicates, associations and chambers as non-governmental organizations, participated in public debates, and in the last period their Representatives are also members of workgroups that enact Legislations in this area. Also, Representatives of the following NGOs have deployed a great number of projects, participated and organized a series of seminars, round tables, professional gatherings, conferences, workshops, media programs and so on, related to the organization of the Occupational Safety and Health System. The Occupational Safety and Health Strategy in the Republic of Serbia in the period from 2013 to 2017 the basic Principle verified by this Strategy, beside others, is to ensure participation of all interested Parties, and that is: on the level of economy and the state, which includes Employers, syndicates, State Organs, NGOs, educational institutions, scientific institutions, and other. Also, one of the elements of the National Policy is also cooperation in the field of Occupational Safety and Health with NGOs. The Occupational Safety and Health Law (Article 52) supports the engagement of social partners to cooperate and participate in enacting common attitudes regarding improvement of Occupational Safety and Health, as well as to care for development and improvement of general Occupational Safety and Health culture. However, free space still exists for the development of Civil Society role in Regulations enactment and the development of social dialogue in this area. 1.8 Law Enactment and Policy Frame Conclusion and Recommendations
Having in mind modern society demands, i.e. economic and social cohesion, of highest importance is to necessarily involve regional Civil Society organizations in the processes of creation and implementation of Public Policies, and Policies in the sphere of Occupational Safety and Health to improve Labor Conditions and social dialogue. Levels of Civil Society organization participation in the process of Preparation, Enactment and Follow-up of Policy application in the field of Occupational Safety and Health can be summed as Informing, Counselling, Engaging and Partnering. The process of Informing is where the Ministry authorized for Occupational Safety and Health informs Civil Society organizations in order to enable timely, complete and objective access to information, with the goal to better understand and solve problems. This is achieved through setting promotional material on the internet, organizing media campaigns, discussions, round tables, presentations on the level of Ministries, Economic Chambers of Serbia, large corporations, Occupational Safety and Health organizations, syndicates, small and medium size Entrepreneur Associations and on Employer level. Counselling means that the authorized Ministry for Occupational Safety and Health demands and receives information from the Civil Society in the process of Regulation enactment for the field of Occupational Safety and Health, as well as holding an appropriate attitude (for example consultation in the phase of planning and enactment of the Occupational Safety and Health Strategy, Legislation Draft/Proposal, appointing Representatives for Occupational Safety and Health Council and so on.) Counselling can be done in written form, questionnaires, interviews, focus groups, professional and public debates, meetings, internet counselling and other methods of counselling. Participating means that Representatives of the Civil Society are actively involved in the process of Occupational Safety and Health Legislation enactment so their interest will be accounted for continuously. Partnering would represent a reciprocal responsibility in enactment but also in application of the Regulations related to this field, which means a constant presence of Civil Society Representatives in commissions, negotiation bodies, councils, thematic conferences and similar. The following could be further elaborated considering the principles of engaging Civil Society organizations in the process of Legislation enactment and developing social dialogue in the area of Occupational Safety and Health. In modern economies the engagement of Civil Society organizations is of great importance to support the Occupational Safety and Health System, especially in the development of social dialogue, on the level of the whole nation as well as on the level of Employer.
2 ACCORDANCE WITH INTERNATIONAL STANDARDS 2.1 Implementation of International Standards’ Requirements into National Law and Praxis
The Republic of Serbia is a member of the ILO since the founding in 1919. The International Conventions that are enacted by the ILO in the area of Occupational Safety and Health represent the most important juridical Acts related to this subject. They regulate the most important Standards, above all for the area of technics, healthcare and law that are in direct relationship with Occupational Safety and Health. The Republic of Serbia has until now ratified, i.e. verified for Occupational Safety and Health a great number of the ILO Conventions as Law Norms directly implemented into National Law concerning Occupational Safety and Health, and directly executed as such. Table 8. The ILO Conventions that create the basis for the Occupational Safety and Health System Organization in the Republic of Serbia Name, Number and Year of Convention Published Convention no. 12 – Damage Compensation due to “FNRY Official Gazette“ no.3/1958. Unfortunate Event on Agricultural Labor Convention no. 13 – Ban of Lead Bleach Utilization “Official Gazette”, no.44 – XVI, 1930. in Painting (1921). Convention no. 17 – regarding Compensation to be Given to Employees due to Unfortunate Events on “Official Gazette”, no.95 – XXII, 1927. Labor (1925). Convention no. 18 regarding Compensations to be Given to Employees due to Occupational Diseases “Official Gazette”, no.95 – XXII, 1927. (1925). Convention no.19 – regarding Equal Treatment of Foreign and Domestic Employees in relation to “Official Gazette”, no.95 – XXII, 1927. Compensation due to Unfortunate Events on Labor (1925). Convention no. 81 regarding Labor Inspection in “SFRY Official Gazette’’ – Industry and Trade from 11/7/1947 International Agreements” no. 5/56). Convention no. 87 regarding Syndicate Freedom “SFRY Official Gazette’’ - International and Protection of Syndical Rights (1948). Agreements” no. 8/58.
Convention no. 89 regarding Night Labor of “SFRY Official Gazette’’ - International Women Employed in Industry – revised (1948). Agreements” no. 12/56.
Convention no. 90 – regarding Night Labor of “SFRY Official Gazette’’ - International Children in Industry - Revised (1948) Agreements” no. 06/57. Convention no. 98 regarding Principle Right to “SFRY Official Gazette’’ - International Organize and Collectively Negotiate (1949). Agreements” no. 11/58. Convention no. 103 regarding Protection of “SFRY Official Gazette’’ –addendum Maternity (revised year 1952.). International Agreements” no. 09/55) Name, Number and Year of Convention Published Convention no. 119 regarding Protection of “SFRY Official Gazette’’ - International Machine Equipment (1963). Agreements” no. 54/70. Convention no. 121 regarding Compensation to be “SFRY Official Gazette’’ - International Obtained in case of Unfortunate Events on Labor Agreements” no. 27/70. and Professional Diseases (1963). Convention no. 126 regarding Fishing Vessels “SFRY Official Gazette’’ - International Crew Accommodation (1966). Agreements” no. 43/74. Convention no. 129 regarding Inspection of “SFRY Official Gazette’’ - International Agricultural Labor (1969). Agreements” no. 22/75. Convention no. 135 regarding Protection of “SFRY Official Gazette’’ - International Employee Representatives and Benefits granted by Agreements” no. 14/82. Companies (1971). Convention no. 136 regarding Protection from “SFRY Official Gazette’’ - International Benzol Poisoning (1971). Agreements” no. 16/76. Convention no. 139 regarding Prevention and “SFRY Official Gazette“- International Control of Occupational Risk from Carcinogenic Agreements”, no. 03/77). Substances and Agents (1974). Convention 144 regarding Tripartite Consultations (International Labor Standards) from 1976. Recommendations 152 regarding Tripartite “SM Official Gazette“– International Consultations (the ILO) from 1976 and Agreements” no. 1/05). Recommendations 113 regarding Negotiations (on Economic and National Level) from 1960 Convention 148 regarding Employee Protection “SFRY Official Gazette - International from Occupational Risks in Working Environment Agreements” no. 14/82). caused by Air Pollution, Noise and Vibrations (1977). Convention no. 155 regarding Occupational Safety “SFRY Official Gazette - International and Health in Working Environment (1981). Agreements” no. 07/87).
Convention no. 159 regarding Occupational Convention Ratification Law “SFRY Rehabilitation and Employment of Disabled (1982). Official Gazette“ - International Agreements” no. 03/87). Convention no. 161 regarding Occupational Health Convention Ratification Law “SFRY Services (1985). Official Gazette“ - International Agreements” no. 14/89. Name, Number and Year of Convention Published Convention no. 162 regarding Safe Asbestos Convention Ratification Law (“SFRY Utilization (1986). Official Gazette“ - International Agreements” no. 04/89). Convention no. 167 regarding Occupational Safety Convention Ratification Law („RS and Health for Construction Works (1988). Official Gazette” - International Agreements”, no. 42/09). Convention no. 181 regarding Private Employment Convention Ratification Law no. 181 Agencies regarding Private Employment Agencies ("Off. Gazette RS - International Agreements ", no. 02/13) Convention no. 182 regarding Worst Forms of Convention Ratification Law no.182 Children Labor and the ILO Recommendation no. regarding Worst Cases of Child Labor 190 concerning Emergency Action to Ban Worst „Official Gazette FRY - International Forms of Children Labor Agreements” no. 2/03 The Stabilization and Accession of the Republic of Serbia to European Community and the Member States Confirmation Law (“RS Official Gazette’’, number 83/08 – Art. 79. and 101) states an obligation of The Republic of Serbia to transpose the European Legislations, as well as the Legislations in the domain of Occupational Safety and Health, into National Law. As this domain is Regulated by Directives on the level of the EU, Government Ministry authorized for Occupational Safety and Health immediately began transposing Directives from this domain into National Law with respect to NIP. Conclusive with the end of year 2017 the Republic of Serbia has transposed all the up-to-date EU Directives into Domestic Law, starting from the enactment of the Occupational Safety and Health Law up to the enactment of lesser Laws and Legislations list. The Occupational Safety and Health Law of the Republic of Serbia is conceived in a way that all Requirements of the ILO as well as the EU are implemented, so it can be deemed that the majority of International Standards from this domain are integrated into this Law. Statements that come from the ILO Report and the EU Commission Report – Brussels regarding annual review of the EU Directives and the ILO Conventions concordance with National Law. Table 9. Legislations that Transpose EU Directives into National Law Legislation Name Published EU Legislation Occupational Safety and Health Law “RS Official Gazette”, no. Directive 89/391 EC 101/05, 91/15 and 113/17 – other law Occupational Safety and Health Statute “RS Official Gazette” no. Council Directive regarding Temporary and Mobile 14/09, 95/10 92/57/ЕEC Construction Sites Legislation Name Published EU Legislation Preventive Regulations Rulebook “RS Official Gazette” no. Council Directive regarding Occupational Safety and Health 92/08 number 89/656/ЕEC for Utilization of Personal Protection Devices and Equipment (this Rulebook abolishes Rulebook regarding Personal Protection Means and Personal Protective Equipment “SFRY Off. Gaz.’’, no. 35/69) Preventive Regulations Rulebook “RS Official Gazette” no. Council Directive regarding Occupational Safety and Health 21/09 number 89/654/ЕEC at Workplace (this Rulebook abolishes Preventive Regulations Rulebook regarding Labor Safety for Construction Objects intended for Labor and Accessory Facilities “FRS Off. Gaz.”, no 29/87) Preventive Regulations Rulebook “RS Official Gazette” no. Council Directive regarding Occupational Safety and Health 23/09, 123/12 and 102/15 number 89/655/ЕEC for Utilizing Labor Equipment (this Rulebook abolishes Regulations and Norms Rulebook regarding Labor Protection concerning Labor Tools ‘’SFRY Off. Gazette”, 18/91) Preventive Regulations Rulebook “RS Official Gazette” no. Council Directive regarding Occupational Safety and Health 106/09 no. 90/269/ЕEC for Manual Weight Handling Preventive Regulations Rulebook “RS Official Gazette” no. Council Directive regarding Occupational Safety and Health 106/09 and 93/13 no. 90/270/ЕEC for Screen Display Equipment Utilization Preventive Regulations Statute regarding “RS Official Gazette” no. European Parliament Occupational Safety and Health for 108/15 and Council Exposure to Asbestos Directive no. 2009/148/EC Preventive Regulations Rulebook “RS Official Gazette” no. Council Directive regarding Occupational Safety and Health 106/09 and 117/17 no. 98/24/EC for Exposure to Chemicals Preventive Regulations Statute regarding “RS Official Gazette” Directive no. 92/91 Occupational Safety and Health for Deep ЕEC no. 61/10 Drilling Exploitation of Raw Minerals Legislation Name Published EU Legislation Preventive Regulations Statute regarding “RS Official Gazette” no. Directive Occupational Safety and Health for 65/10 92/104/ЕEC Underground and Surface Exploitation of Raw Minerals Preventive Regulations Statute regarding “RS Official Gazette” no. Directive 93/103/EC Occupational Safety and Health for 70/10 Fishing Vessels Operations Rulebook for Occupational Safety and “RS Official Gazette” no. Council Directive Health Labels 95/10 no. 92/58/ЕEC and 108/17 Preventive Regulations Statute regarding “RS Official Gazette” no. Directive no. Occupational Safety and Health for 96/10 2000/54/EC Exposure to Biological Hazards Preventive Regulations Rulebook “RS Official Gazette” no. Directive no. regarding Occupational Safety and Health 93/11 2002/44/EC for Exposure to Vibrations
Preventive Regulations Rulebook “RS Official Gazette” no. Directive no. regarding Occupational Safety and Health 96/11 and 78/ 015 2003/10/EC for Exposure to Noise (this Rulebook abolishes Labor Facility Noise Protection Regulations and Norms Rulebook SFRZ Official Gazette, no.21/92) Preventive Regulations Rulebook “RS Official Gazette” no. European Parliament regarding Occupational Safety and Health 96/11 and Council for Exposure to Carcinogenic and Directive and 117/17 Mutagenic 2004/37/EC Preventive Regulations Statute regarding “RS Official Gazette” no. Directive number Occupational Safety and Health 101/12 and 12/13- 1999/92/EC concerning Risk of Explosive correction Atmospheres Preventive Regulations Rulebook “RS Official Gazette” no. Directive regarding Occupational Safety and Health 111/15 2013/35/ЕU for Exposure to Electromagnetic Fields Preventive Regulations Rulebook “RS Official Gazette” no. European Parliament regarding Occupational Safety and Health 120/12 and 29/13- and Council for Exposure to Artificial Optic Radiation correction Directive 2006/25/EC Supervision of Domestic Legislations integration with the ILO Conventions and the EU Directives is in practice carried out by Labor Inspection. 2.2 Abstract
The ILO Conventions and the EU Directives represent a Standard to govern Legislations in the domain of Occupational Safety and Health in the Republic of Serbia.
2.2.1 Occupational Safety and Health National Law Concordance with Occupational Safety and Health of the ILO Conventions
Based on the aforementioned it can be concluded that the accordance rate of Occupational Safety and Health Domestic Law with the ILO Conventions and the EU Directives is actuated on the high level. This constatation comes from the ILO Report and the EU Commission – Brussels Report regarding annual review of the implementation of the EU Directives and the ILO Conventions into National Law. The Republic of Serbia submits Reports requested by the ILO and the EU Commission regarding the rate of accordance/discordance, National Legislations concerning Occupational Safety and Health and Implementation Status in practice. However, the final grade concerning accordance with the EU Directives is given by the EU Commission in the Negotiation Chapter 19. The majority of Questionnaire participants are satisfied with concordance of Occupational Safety and Health Legislations to the EU Legislations (Graph 4). Graph 4. Satisfaction regarding concordance of Occupational Safety and Health Regulations with the EU Regulations
19%
Yes No
57% No opinion 24%
2.3 Situation Analysis and Recommendations
The Republic of Serbia has until now ratified, i.e. confirmed a great number of the ILO Conventions, and transposed a list of Directives related to Occupational Safety and Health into National Law. However, through NIP, i.e. Action Plan for Transposing Directives in the Chapter 19, it is needed to further harmonize Domestic Law with the EU Directives in this area. For the reason that Legislations already enacted are not fully concordant with the Directives, as for the fact that the EU changes the enacted Directives and enacts new as technology and labor processes develop. The Republic of Serbia will in the following period need to continually follow enactment of new ILO Conventions regarding the domain of Occupational Safety and Health and to strive to confirm those as National Law. 2.4 Conclusion and Recommendations regarding Accordance with the International Standards
According to the following it can be deducted that the Republic of Serbia has enacted a great number of Standards in the area of Occupational Safety and Health, having in mind the development of economy, enacted by the ILO Conventions and the EU Directives. At the same time it is recommended to constantly, on all levels of organization, apply Principles of Occupational Safety and Health, and before all: adaptation to the technological development and developing a coherent unitary policy that will enable the participation of Civil Society as a whole in the enactment of the Occupational Safety and Health Standards with respect to Principles, and those being: Mutual Trust, Openness and Responsibility, Effectiveness, Efficiency and Rationality. To ensure the concordant application of the Principles mentioned before, it is recommended for both the State Government Organs as well as Employer, if possible, to determine persons to cooperate with Civil Society organizations possessing the necessary knowledge and skills for these activities.
3 ORGANIZATIONAL FRAMES AND MECHANISMS FOR ACCORDANCE 3.1 Authority of the Occupational Safety and Health Directorate
To erect the Occupational Safety and Health System in accordance with the EU Directives, the Republic of Serbia has chosen to establish the Occupational Safety and Health Directorate Responsible for Labor, with defined authority. Named so and with authority confirmed by Law, in the Republic of Serbia for a first time a special management organ has been founded to govern Occupational Safety and Health. The Directorate is functionally created out of two basic reasons, and those are: 1) Accordance with the EU Legal Traditions (acquis communataire), and 2) Stimulation of Education and Care, i.e. development of Labor Culture within the domain of Occupational Safety and Health. The Occupational Safety and Health Directorate performs labor concerned with Legislation preparation in relation to the domain of Occupational Safety and Health and issuing opinions regarding Legislation application; preparation of a proficient basis for the National Development Program of Occupational Safety and Health as well as actuation follow up; follow up and rating of Occupational Safety and Health status and preparing opinions for unitary regulation of Occupational Safety and Health that is based on the Occupational Safety and Health Law and other Legislations; researching and promoting development in the domain of Labor Humanization; granting Professional Aid in the domain of Occupational Safety and Health of Employees; Examination of Causes and Events that result in Occupational Injuries, Diseases and Health Issues; Practical Exam organization and completion, that is Registered; Supervising the work of Juridical Bodies and Entrepreneurs as well as responsible Bodies with Licenses and preparing proposals to Grant and Abolish Licenses, of which all is Registered; collecting and analysing data concerning Occupational Injuries, Occupational Diseases, Occupational Health Issues and Events that affect the health of Employees; performing informational and documenting tasks for Employee safety and health; organizing councils, educating Employees, Employers, Occupational Safety and Health personnel, Inspectors and others; publishing various content and informing the public about the state of Occupational Safety and Health; application of Occupational Safety and Health International Acts; promoting education and developing Labor Culture in the area of Occupational Safety and Health and other Labor tasks of this domain. Changes and Updates Law of Occupational Safety and Health Law defines that the Directorate governs granting National Recognitions in the field of Occupational Safety and Health, and this is all Registered. For several years the Directorate together with Social partners grants National Recognitions to Juridical Parties, Entrepreneurs and Individuals for Promoting Good Praxis. The Directorate organizes important Manifestations related to Occupational Safety and Health in the Republic of Serbia, such as: Occupational Safety and Health Day “28th April”, Occupational Safety and Health Fair (every second year), European Occupational Safety and Health Week and other. 3.2 Labor Inspection Services
3.2.1 Description
Labor Inspectorate Organizational Structure, The Labor Inspectorate encompasses major internal units and those being: • In the Department Headquarters: o Second Level Management Process Branch in the field of Work Relations and Occupational Safety and Health; o Research and Analytics Branch, as well as Supervision o I Branch of Labor Inspection in the City of Belgrade o II Branch of Labor Inspection in the City of Belgrade • Outside the Department Headquarters: o 11 Branches o 14 Departments of Labor Inspection The Labor Inspectorate of the Republic of Serbia in the year of 2017 consists of a total of 263 employees and two directors (Director and Vice Director), of which 247 are Labor Inspectors – lawyers and engineers of various technical proficiencies. In the period from the 1st of January to the 31st of December in the year of 2017 the Labor Inspectors have: • Performed a total of 53.424 Inspectional Supervisions in the field of Work Relations and Occupational Safety and Health, of registered and nonregistered subjects, of which 52.655 Supervisions of registered (28.087 Supervisions in the field of Work Relations, 14.102 Supervisions in the field of Occupational Safety and Health and 10.466 Integrated Inspectional Supervisions, that have encompassed both the area of Work Relations and the area of Occupational Safety and Health) as well as 769 Supervisions, which are of nonregistered subjects; • Encountered a total of 22.411 persons performing Factual Work (Black Market Economy) for registered and nonregistered subjects (21.228 black market economy perpetrators in registered and 1183 in nonregistered subjects); • After labor Inspectors executed Regulations, the Employers founded Work Relations with 21.171 persons; • Enacted a total of 10.832 Solutions for Removing Verified Illegalities in the field of Work Relations and Occupational Safety and Health; • Enacted 529 arrangements to Ban Labor at Workplace; • Applied a total of 769 solutions to Ban nonregistered subjects of performing Labor until signed into an appropriate Register; • Submitted a total 3.637 requests to start Delictual Process in the field of Work Relations and Occupational Safety and Health; • For Delictions that have a defined financial fine, 631 Delictual Warrants were issued; • Submitted 38 Criminal Reports; • Performed 919 Inspectional Supervisions regarding Reported Occupational Injuries; • Confirmed 769 nonregistered Subjects; • Based on Delictual Process demanded by Labor Inspectors, the Employers were fined for a total of 231.584.100,00 dinars; • Based on issued Delictual Warrants in the Budget of The Republic of Serbia a total of 13.020.530,00 dinars were deposited. 3.2.2 Case Study
Example 1. Description of an Occupational Injury Based on a completed Supervision at the scene as well as on testimonials of managers and witnesses located there, it is determined that the deceased employee on the day 28/07/2008 (Monday), around 13:15, while performing ongoing Locksmith labor on pipeline reconstruction belonging to Boiler block facility, suffered a fatal Injury by falling through an opening of a segment of machine floor from the height of 72m, in the seventh working hour of the ongoing workday. The deceased employee was together with two colleagues on a machine lift – floor within the Boiler frame on the elevation of 82m, and with a hand drill he was cutting ends of the mentioned pipeline system, according to Verified Labor Technology and Legislated Technological Method of carrying out the mentioned operation, verified by the company specialized for performing such Labor. In the critical moment, around 13:15, after a siren was sounded as a warning to leave the Boiler frame, and other operations on other levels within the Boiler were simultaneously taking place, the deceased employee started moving towards the exit hatch unleashing the safety belt, and immediately after releasing himself from the sling of the safety belt, he laid foot on the floor segment and fell from the described elevation (elevation of 72m) to an elevation of 13m in the boiler frame, suffering severe injuries by falling from the height of 60m, with immediate tragic consequences. In the moment of the fall – falling through of the deceased employee, one of the colleagues was already outside of the Boiler frame with regards to the fact that he was the first to leave the Workplace, and the other colleague, who was behind the deceased, according to his statement, saw the moment of falling of the deceased employee after he lay his foot on the surface of the floor segment. The death of the deceased employee was verified by ambulance called by Person Responsible within the aforementioned object. The source of Occupational Fatality: Inner Working Area – Boiler Frame Block A6, Fall from Scaffold onto Concrete Ground. Cause of Occupational Fatality: Fall from Height; Fall from one Level to Another, Fall from Scaffold onto Concrete Ground from Height of 60m. Circumstances and reasons because of which the deceased employee has taken off his safety belt before leaving the Boiler frame, which in this case of a dangerous event in the moment of fall had a key role, could not be determined by Inspectional Supervision. Labor Inspector has during the performance of Inspection stated that: • The deceased Employee was hired by the Employer for a definite time, on the Workplace as a Locksmith; • The deceased Employee was theoretically and practically capable for Occupationally Safe and Healthy Labor; • The deceased Employee was in the moment of hazardous event where the Fatality occurred, performing complex labor in Working Environment at Workplace – Locksmith Labor on Elevation utilizing Manual Machine Driven Equipment (hand drill), Labor with increased Risk, with Specific Occupational Safety and Labor requirements – demands of special medical, physical and psychophysical capabilities of Employees to perform Labor, adequate professional skills (the deceased Employee is professionally an economist without proof that he is qualified to perform complex Locksmith Labor), i.e. the mentioned Employee does not complete Requirements regarding mentioned Labor tasks, regarding proficiency, health capabilities and age, which in this case is not according to Occupational Safety and Health Law; • The deceased Employee in the moment of dangerous event during which a Fatality occurred, was performing complex Labor Tasks in Working Environment at Workplace – Locksmith Labor Tasks on Elevation while Utilizing Manual Machine-driven Equipment (hand drill); • The Scaffold was properly erected; • The Immediate Causes of Floor Segment Collapse (segment dimensions: 1.5m x 0.5m; every segment consists of 4 assembled planks 5cm wide), could not be determined based on the circumstances when Labor Supervision was performed, with the concerned segment fallen and totally deformed because of the fall and as such was taken by other authorized organs for technical Evaluation, besides the fact that immediate Examination of technical documentation revealed a way for the segments to be placed – assembled to the floor, in the sense of determining the stability of assembled floor while Employees move on it; • No reasons were determined because of which the deceased Employee has taken off the safety belt before leaving the Boiler frame; • The Occupational Safety and Health Tasks were performed on the object by domestic Juridical Body with License to perform such activities; • The Reconstruction Labor Tasks – Reassembly was Reported to the authorized Labor Inspection in a timely manner. Based on the determined factual state of how the Occupational Fatality came to be, Labor Inspector has taken adequate measures according to his authority. Labor inspector has, in this event, filed a Criminal Report to the Municipality Public Attorney against Persons Responsible in Juridical Bodies, those being Contractor and Subcontractor, and Person Responsible in Juridical Party that has performed the tasks of Occupational Safety and Health, with justified query that perpetrators have committed Art. 169 and 271 Criminal Acts. Labor Inspector has, for this event concerning the Occupational Health Issue, executed a Juridical solution to apply Regulations to remove faults in the domain of Occupational Safety and Health.
3.2.3 Abstract
In the year of 2017 Labor Inspection has given contribution to properly implementation of Labor laws. Besides significant difficulties, all basic goals were realized, but with much greater effort than expected. The state of Work Relations area and Occupational Safety and Health are on a relatively satisfactory level, if we take into account economic activity and general economic conditions. The performance of Occupational Labor has given perceivable results with regards to chosen priorities. However, for further successful functioning it is necessary to strengthen the technical support for Labor Inspectors. The Occupational Safety and Health Directorate has according to the NIP transposed all supposed EU Directives and successfully executed other tasks in accordance with the authority. The greatest number of Questionnaire participants in the completed research deem that Labor Inspection contributes to the development of the sphere of Occupational Safety and Health (graph 5). Graph 5. The contribution of Labor Inspection to the field of Occupational Safety and Health.
9%
21% Yes No No opinion
70%
3.3 Occupational Health Services
3.3.1 Description
Occupational health, as a multidisciplinary area, is both directly and indirectly affiliated with multiple government departments of Serbia. Most direct are the connections with the Ministry of Health and the Ministry of Labor, Veterans' and Social Affairs. Besides these ministries, Occupational health is associated with the Ministry of Education, Science and Technological Development; Ministry of Internal Affairs; Ministry of Agriculture, Forestry and Water Economy; Ministry of Civil Engineering, Transport and Traffic Engineering and Infrastructure; Ministry of Ecology and the Ministry of Mining and Energetics. As a part of the Healthcare System, Occupational health is governed by Serbia’s Ministry of Health that regulates: • Scope of activities • Organization • Activity requirements on different levels • Registry management
The Ministry of Health controls whether conditions for activities are fulfilled and grants work permits. Also, Ministry of Health performs specialized supervision of Occupational health services via authorized institutions and individuals. In Healthcare area the most important legislations that regulate Occupational health activities are: • Health Insurance Law (’’Republic of Serbia Official Gazette’’, no. 107/2005, 109/2005 – corr., 57/2011, 110/2012 – Constitutional Court decision, 119/2012, 99/2014, 123/2014, 126/2014 – CC decision, 106/2015 and 10/2016) • Community Health Law (’’RS Official Gazette’’, no. 107/2005, 72/2009 – other law, 88/2010, 99/2010, 57/2011, 119/2012, 45/2013 – other law, 93/2014, 96/2015, 106/2015 and 113/2017) • Healthcare Documentation and Registry Law (’’RS Official Gazette’’ no. 123/2014, 106/2015 and 105/2017) • Patient’s Rights Law (RS Official Gazette’’, no. br. 45/2013) • Medicines and Medical Devices Law (’’RS Official Gazette’’, no. 30/2010 and 107/2012) • Rulebook Regarding Major Requirements for Healthcare Institutions and Other Healthcare Providing Services Healthcare Operations (’’ RS Official Gazette’’, no. 43/2006, 112/2009, 50/2010, 79/2011, 10/2012 – other rulebook, 119/2012 – other rulebook and 22/2013)
As mentioned beforehand, Occupational health, as part of Serbia’s Healthcare System, is most directly tied to the Ministry of Health, however, most legislations that regulate activities of Occupational health are enacted by the Ministry of Labor, Veterans' and Social Affairs and Occupational Safety and Health Directorate. Besides Occupational Safety and Health Law, the Ministry of Labor, Veterans' and Social Affairs proposes legislations concerning Occupational, Pension and Disability Insurance that also greatly regulate the activities of Occupational health institutions. The most important legislations from the Ministry of Labor, Veterans' and Social Affairs that regulate Occupational health activities are:
• Occupational Safety and Health Law (’’RS Official Gazette’’, no. 101/2005, 91/2015 and 113/2017) • Pension and Disability Insurance Law (’’RS Official Gazette’’, no. 34/2003, 64/2004 – RSCC decision, 84/2004 – other law, 85/2005, 101/2005 – other law, 63/2006 - RSCC decision, 5/2009, 107/2009, 101/2010, 93/2012, 62/2013, 108/2013, 75/2014 and 142/2014) • Occupational Law (’’RS Official Gazette’’, no. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 – CC decision and 113/2017) • Occupational Safety and Health Asbestos Exposure Preventive Measures Legislation (’’RS Official Gazette’’, no. 108/15) • Occupational Safety and Health Medical Device Particularly Sharp Object Usage in Healthcare Activities Preventive Measure Legislation (’’RS Official Gazette’’, no. 101/16); • Verification of Hazardous Occupations for Children Legislation (’’RS Official Gazette’’, no. 53/17); • Previous and Periodic Medical Examination for Employees With High Risk Occupations Rulebook (’’RS Official Gazette’’, no. 120/07 and 93/08); • Occupational and Occupational Environment Risk Assessment Method and Process Rulebook (’’RS Official Gazette’’, no. 72/06 and 84/06-correction, 30/10 and 102/15) • Occupational Injury and Disease Report Content and Process Rulebook (’’RS Official Gazette’’, no. 72/06, 84/06-correction and 04/16) • Occupational Disease Verification Rulebook (’’RS Official Gazette’’, no. 105/03); • Occupational Safety and Health Registry Rulebook (’’RS Official Gazette’’, no. 62/07 and 102/15) • Occupational Safety and Health Manual Weight Handling Preventive Measures Rulebook (’’RS Official Gazette’’, number 106/09) • Occupational Safety and Health Biological Hazard Exposure Preventive Measures Rulebook (’’RS Official Gazette’’, number 96/10) • Occupational Safety and Health Noise Exposure Preventive Measures Rulebook (’’RS Official Gazette’’ no. 96/11 and 78/15) • Occupational Safety and Health Cancerogen and Mutagen Exposure Preventive Measures Rulebook (’’RS Official Gazette’’, number 96/11) • Occupational Safety and Health Chemical Agent Exposure Preventive Measures Rulebook (’’RS Official Gazette’’, number 106/09) • Occupational Safety and Health Artificial Optic Radiation Exposure Preventive Measures Rulebook (’’RS Official Gazette’’, no. 120/12 and 29/13-correction) • Occupational Safety and Health Electromagnetic Field Exposure Preventive Measures Rulebook (’’RS Official Gazette’’, number 111/15) • Occupational Safety and Health Vibrations Exposure Preventive Measures Rulebook (’’RS Official Gazette’’, number 93/11) • Occupational Safety and Health Youth Preventive Measures Rulebook (’’RS Official Gazette’’, number 102/16) • Occupational Safety and Health Female Employee During Pregnancy, Childbirth and Lactation Rulebook (’’RS Official Gazette’’, number 102/16) • First Aid Method, Device Type and Equipment Necessary at Workplace, Methods and Deadlines for Employee First Aid Training Activities Rulebook (’’RS Official Gazette’’, number 109/16) • Occupational Safety and Health Screen Equipment Usage Preventive Measures Rulebook (’’RS Official Gazette’’, no. 106/09 and 93/13)
Occupational health is affiliated with the Ministry of Civil Engineering, Traffic and Transport Engineering and Infrastructure via rulebooks that regulate health requirements in the domain of transportation. The most important legislations in the sphere of the Ministry of Civil Engineering, Traffic and Transport Engineering and Infrastructure that regulate Occupational health actions are: • Particular Category Motor Vehicle Driving Major Health Requirements Rulebook (’’RS Official Gazette’’, no. 83/11); • Naval Vessel Personnel Health Condition Requirements and Health Supervision and Evaluation Rulebook (’’RS Official Gazette’’, no. 112/12); • Railroad Employee Health Condition Requirements Rulebook (’’SRJ Official Gazette’’, no. 3/00) • Method of Evaluating Occupational Mental and Physical Abilities of Railroad Employees Before and During Employment (’’SRJ Official Gazette’’, no. 3/00)
Associated with the Ministry of Internal Affairs, Occupational health acts in granting firearm permits. The most important legislations in the area of the Ministry of Internal Affairs that regulate Occupational health activities are:
• Weapons and Ammunitions Law (’’RS Official Gazette’’, no. 20/2015) • Rulebook Update Regarding Natural Person Firearm Possession and Carrying Health Capability Evaluation Rulebook (’’RS Official Gazette’’, no. 79/2016)
Ministry of Ecology and Agency for Ionizing Radiation Protection and Nuclear Safety of Serbia also regulate areas of interest to Occupational health. The most important legislations in this sphere regarding Occupational health activities are:
• Ionizing Radiation Protection and Nuclear Safety Law (’’RS Official Gazette’’, no. 36/09 and 93/12) • Skill Training Rulebook for Occupationally Exposed Personnel and Personnel Responsible for Ionizing Radiation Protection (’’RS Official Gazette’’, no. 31/11 from 09/05/2011) • Level of Ionizing Radiation Limit Exposure Evaluation Rulebook (’’RS Official Gazette’’, no. 86/11 from 18/11/2011) • Registering Ionizing Radiation Source, Exposed Patients and Radioactive Waste Rulebook (’’RS Official Gazette’’, no. 97/11 from 21/12/2011) • Radioactive Exposure Limit for Persons, Workplace and Environment and Method of Decontamination Rulebook (’’RS Official Gazette’’, no. 38/11 from 31/5/2011)
Occupational health in Serbia was until the year of 2006 in the process of transition from an old model, a unity of prevention and curing3, onto a new model that dominates in preventive activities. According to a decision made by the Minister of Health in the year of 2006 all Community Health Center Directors are to install Occupational health specialist to self-funding stations or respecialize to general practitioners. Although at first the decision was not fully implemented, over the years and with continued pressure from the Ministry of Health and National Health Insurance Fund there was a massive respecialization to general practitioners. From over 586 Occupational health specialists only a few partakes in preventive activities. In most Community Health Centers there was a complete shutdown of Occupational health services. In the meantime, there has been an increase in economic activities and enormous increase in professional organizations’ demand for Occupational health services that the Community Health Centers could not appropriately fulfil. All of this has led to foundation of a great number of private Occupational health centers. Alas, there is no accurate data concerning the number of founded private Occupational health institutions. In the past, Serbia’s Occupational health system was modelled as a classic pyramid. On the top was the Occupational Health Institute of Serbia, below are Employee Healthcare Institutions, and in state property and below are Occupational Health Services in Community Health Centers. Currently, there is the pyramid top – Occupational Health Institute of Serbia, while the other Occupational health institutions predominately lost the role they had in the past. As already mentioned the greatest number of Occupational health institutions is shut down and their place is taken by institutions in private property Employee Healthcare Institutions and Private Occupational Health Centers, it is estimated that there are more than 20 private occupational health institutions. To perform Occupational health activities, it is necessary for a physician, once he has completed integrated academic studies in medicine (lasting 6 years), to complete a one-year general residency, pass the state exam and complete Occupational health specialization. The occupational health specialization lasts four years. It is granted by the Ministry of Health according to estimated need for specialists and by the influx of medical institutions’ demands. In the last years the Ministry of Health grants fewer and fewer Occupational health’s specializations so that the total number of Occupational health specialists in training is 17. With the specialization granted, the specialist in training has the right to choose in which institution he or she will train. The Faculty of Medicine in Belgrade (member of The European Association of Occupation Medicine Schools) has taught and is teaching the greatest number of Occupational health specialists. Other than The University of Belgrade, Occupational health specialists are trained by Universities of Niš and Novi Sad. Teaching curriculum is concordant in great part so that Universities of Niš and Novi Sad specialists in training complete a part of theoretical and practical training in The Faculty of Medicine in Belgrade. Other than these three institutions, Occupational health education is carried out by The Military Medical Academy of Belgrade.
3Model-unity of prevention and curing proposes that the Occupational medicine specialist other than in preventive activities acts in curing the employed persons. This model of Occupational medicine has evolved over the years to focus on curing the employed persons. International Monetary Fund experts predict that in year 2003 as much as 90% of Occupational medicine activities were curative. The age structure of occupational health specialists in Serbia is unfavourable because most them are about to retired. Table 10 shows the age structure of labor medicine specialists in Serbia. Table 10. The Age Distribution of The Occupational Health Specialist in Serbia Born Number 1976-1980 8 1971-1975 19 1966-1970 31 1961-1965 91 1956-1960 169 1951-1955 177 1946-1950 70 1941-1945 14 1936-1940 4 1900-1935 3 Total 586
3.3.2 Key activity abstract
Although based on numerous legislations that regulate Occupational health actions it can be concluded that it partakes in various activities unfortunately that is not the case. Public Health Institute of Serbia holds only data about the number of services that are in service codebook and only data about public Occupational health institutions and based on this data one cannot observe neither the number nor the scope of Occupational health stations in Serbia. Nonetheless, it is clear that the greatest number of Services relates to previous and periodic health examinations for employees with occupational high risk. Also, a great number of services from the motor vehicle driving capability occupational evaluation, railroad and naval traffic occupational capability evaluation, firearm possession capability evaluation and other preventive examinations. Far lesser number of services are from the domain of occupational risk assessment, only a small number of occupational health specialists are included directly in Risk Assessment Act. Somewhat greater number of these are partaking in health condition activities and examination program based on risk assessment. The smallest number of these services are from the domain of Occupational environment condition assessment, corporate health examination, preventive measures proposal, morbidity analysis, absenteeism and other research. The results of the conducted survey show that the majority of respondents are satisfied with the occupational health services of, although a relatively high percentage (32%) of dissatisfied users of services worries. The results of the Satisfaction Survey on Occupational Health Services are shown in Graph 6. Graph 6. Satisfaction with the Occupational Health Services No opinion 4%
No 32% Yes No No opinion
Yes 64%
Although 32% of respondents stated that they are not satisfied with the occupational health services, the vast majority support the introduction of an obligation for employers to provide occupational health services for all employees. The results of the survey supporting the introduction of an obligation for employers to provide occupational health services for all employees are shown in Graph 7. Graph 7. Support for Introduction of An Obligation for Employers to Provide Occupational Health Services for All Employees No opinion 11%
No 11%
Yes No No opinion
Yes 78%
3.3.3 Abstract of Proficient Personnel for Occupational Safety and Health
In the Republic of Serbia, the Convention and Directives Requests are transposed, so in the scope of all Labor organized, Employer is obliged to organize Occupational Safety and Health Tasks by necessarily delegating Personnel for all performance of Labor at Employer to be in accordance with the Occupational Safety and Health Law. The Law enables Employer choice of multiple variants to perform the Occupational Safety and Health Tasks, those being: Self-performing, choosing Personnel from Employees (one or more) or outsourcing from Services Licensed in Occupational Safety and Health. Organization variant of the Tasks to be performed is Employer’s choice, having in mind the following: technological process and devices for operating technological processes; organization, nature and scope of Labor processes; number of Employees involved in Labor Processes, proficiency, age, standardization of Occupational activities; number of Labor shifts; estimated Risks, number of spatially separated units; type of Labor and other factors able to affect organization of the Occupational Safety and Health Tasks. The Law grants Employers carrying out services related to retail sale, accommodation and food, informing and communication, financial business and insurance, real estate business, profession, science, innovation, administration and accessory services, mandatory Welfare, education, art, entertainment and recreation, as well as other services, to Self-perform the Occupational Safety and Health Tasks and are Not Required to complete the Practical Proficiency Exam related to this area. This possibility is propositioned for Employers with up to 20 Employees because scope of the Tasks is lesser, and hazards and dangers related to these activities are of lesser Risk. These Employers are Not Required to have completed the Practical Proficiency Exam. Based on experience gained from the application of the Occupational Safety and Health Law it is evident that for some activities it is necessary to increase the proficiency of Personnel for Occupational Safety and Health. In relation to it, activities are defined for which Employer is due to delegate Personnel carrying out the Occupational Safety and Health Tasks who at least has University Education in basic academic studies consisting of a minimum of 180 ESPB points, basic proficiency studies, i.e. studies lasting for up to three years in the field of science, i.e. field of proficiency containing education and science of technical and technological sciences, natural science and mathematics or medical sciences. Efficiency of Occupational Safety and Health of Employer's Labor depends on the inclusion level of all Employees. It cannot be expected that one person or proficient team, no matter the abilities, enthusiasm and professionalism, is able to complete Tasks required for this field, unless all Employees participate in the Occupational Safety and Health System, where Personnel for Occupational Safety and Health are the basic element of proficient, organized and operative Labor. Ability and professional relationship of this/these Personnel depends whether and how will the Occupational Safety and Health System function, having a basic precondition –Employer is claiming Policy and engaging all Employees to improve Occupational Safety and Health. Unfortunately, a great number of Employers, who decide of Occupational Safety and Health Policy are not aware of the Policy significance. That is why the whole sphere is often neglected, Occupational Safety and Health Tasks are marginalized, not granted importance of the nature of these activities. This springs the fact that Personnel for Occupational Safety and Health are not given the supposed status of highly professional personnel. A part of responsibility for this state of affairs can be attributed to themselves, the Personnel for Occupational Safety and Health. Majority of Questionnaire participants in the research deem that the Personnel for Occupational Safety and Health contribute greatly to the development of Occupational Safety and Health (Graph 8). Graph 8. The contribution of Personnel for Occupational Safety and Health to the development of the domain of Occupational Safety and Health.
No opinion 3,8
Not applicable 1,9
Excellent 18,9
Very good 32,1
Good 24,5
Satisfactory 15,1
Non-satisfactory 3,8
0 5 10 15 20 25 30 35
3.4 Other Agencies or Institutions for Accordance
In securing the Occupational Safety and Health System in the Republic of Serbia, besides Organizations from Chapter 3 of this Document, participate Judiciary Organs, Public Prosecutors and other State Organs, Juridical Persons and entrepreneurs Licensed in the field of Occupational Safety and Health, professional associations, institutes etc.
3.4.1 Role and Function of Judiciary related to Occupational Safety and Health
The Occupational Safety and Health Law (Art. 69-75) defines Penalty Policy for cases where legislated Regulations to implement Occupational Safety and Health are not applied for Employer with the property of Legal Person, for Employer as private entrepreneur, for director, i.e. other Person responsible for Juridical Body and Employee. Juridical penalties according to the rule of Law are proposed by Labor Inspector and are executed by Delictual Judge according to the Delictual Law and the Occupational Safety and Health Law. According to data from the Ministry of Justice from year 2016 regarding number of filed requests to actuate Delictual Processes in accordance with the rule of Occupational Safety and Health Law and Delictual Law, number of completed cases based on requests submitted and financial penalties executed, number of filed Requests is 634, number of Completed Cases is 432, number of Executed Sanctions in the scope of Financial Fines according to the Delictual Law is 170 and number of cases completed in Other Manner according to the Delictual Law (warnings, request refusal, annulment, release of accused from responsibility) is 203. Labor Inspectors have the possibility to actuate criminal process by filing a Criminal Report according to Criminal Law for defined Criminal Acts, such as Art.169CL, 280CL, 281CL and other. In the year of 2016 regarding the number of filed Criminal Reports to Prosecutors on the territory of the Republic of Serbia for not applying Occupational Safety and Health Regulations which resulted in Fatalities, Severe and Collective Occupational Injuries, as well as consequences of processes for submitted Reports, the Republic State Prosecution has analysed Criminal Acts from Art.169CL, 280CL and 281CL processed in all Prosecution Organs on the territory of the Republic of Serbia, and for: • The Criminal Act of not applying Occupational Safety Regulations from Article 169 of the Criminal Law, where 7 persons were Reported, 1 report was Rejected, for 2 persons a request to Collect Needed Information is issued, and for 4 persons reports are in the Phase of Proving • The Criminal Act of causing danger by not applying Occupational Safety Regulations from Article 280 of the Criminal Law - 22 bodies were reported. Against 4 bodies the Reports were dismissed, and for 6 reported bodies there was a request to Collect required information. Against 9 bodies the Reports are in Proving Phase. Against one body Order to commence Investigation. Report against one person was Connected with a previously formed case, while report against one body is passed onto Another Prosecution; • The Criminal Act of Unlegislated and Improper Construction Work from Article 281 of the Criminal Law 4 bodies were reported and are in Proving Phase; The greatest number of Questionnaire participants in the research deem that the Judiciary Organs do not contribute enough to the development of Occupational Safety and Health. (Graph 9.). Graph 9. Contribution of Judiciary Organs to the development of Occupational Safety and Health. Yes 15%
No opinion 38% Yes No No opinion
No 47%
3.5 National Council Organs for Occupational Safety and Health
3.5.1 The Occupational Safety and Health Council
The Occupational Safety and Health Council, based on the Ministry Law and the Ministry Rulebook is formed (the Decision to form Occupational Safety and Health Council of the Republic of Serbia) as a temporary operational organ of the Republic of Serbia Government. Occupational Safety and Health Council Tasks are: to initiate Legislation enacting in the area of Occupational Safety and Health; to initiate creation of National Program of developing Occupational Safety and Health; contribute to social dialogue by balancing participants different points of view in this area; initiate Preventive Policies regarding all Issues of Occupational Safety and Health. The Occupational Safety and Health Council is a tripartite body where besides representatives of Ministry authorized for Occupational Safety and Health Tasks and Social Partners also participate other Ministry Representatives, University institutions and Nongovernmental organizations. The Council has since the founding (2007) held 18 meetings. 3.6 Occupational Accident and Disease Insurance Systems (Compensation for Employees)
The Republic of Serbia has a Welfare system that encompasses all nine beneficiaries that are listen in the Convention no. 102 regarding Minimal Welfare Insurance Standards and Convention regarding the Contributions for Labor Accidents and Occupational Diseases no. 121 of the ILO which the Republic of Serbia has ratified in the year of 2000. For Welfare beneficiaries three institutions are authorized. The Republic Health Insurance Fund, the Republic Pension and Disability Insurance Fund and the Unemployment Fund is authorized by the National Employment Service. Implementation of Legislations regarding Protection Rights in cases of Occupational Injuries no unitary institution is authorized, but several different Laws are applied, so Community-health and Financial Compensation are under the system of Community-health and Pension Insurance. Inquiry of financial Compensation in the cases of Temporary Occupational Disability due to Occupational Injury the Health Insurance Law obliges Employer to directly manage the right to Compensate Salary, and in accordance with the rule of Law payment from own resources is regulated for the time of temporary disability for Labor. The Republic Pension and Disability Insurance Fund is authorized to enable Pension and Disability Insurance Rights, in accordance with Pension and Disability Insurance Statutes. The Pension and Disability Insurance Law regulates Pension and Disability Rights, among others, for: • Case of Disability – the Right to Disability Pension • Case of physical damage caused by Occupational Injuries or Diseases – the right to Financial Compensation of physical damage. The current system of Health Insurance and Pension and Disability Insurance does not solve the issue of damage compensation due to Occupational Injury. The existing system enables an all-encompassing Protection in cases of Disability, however, from the point of view of International Standards, the main issues are: 1) Nonexistence of Dedicated Contributions for these Compensations, the existing contributions are both Employee and Employer obligation, although it is common in systems of insurance for Employer to be obliged to contribute to compensation for Occupational Injury; 2) Compensation of Temporary Disability for Labor due to Occupational Injury and Disease is a direct obligation of Employers, although verified International Conventions legislate that these compensations must be a burden of Contributions or Taxes; 3) Existing Legislations do Not govern the issue of Employee damage Compensation, in cases when Employer did Not apply all Occupational Safety and Health Regulations. Lack of legislation regarding Damage Compensation Insurance due to Occupational Injury or Disease causes lengthy judiciary processes where Employees hardly receive just compensation; 4) The current state of affairs does not motivate the Prevention of Occupational Injuries and Occupational Diseases. Civil Society organizations can in various ways participate in detailed inquiry of Special Occupational Insurance due to Occupational Injury and Disease. Some of these organizations were included in this inquiry through project of the ILO, such as Representative syndicates, but all other Civil Society organizations can participate (NALED and others). Almost all Questionnaire participants support the enactment of Special Occupational Injury and Disease Insurance (Graph 10). Graph 10. Enactment Support of Special Occupational Injury and Occupational Disease Insurance No 4%
Yes No No opinion
Yes 96%
3.7 Occupational Safety and Health Information
The ILO Convention no. 155, 187 and others, general Directive 89/391/EEC and all other particular Directives promote the Principle of Informing, Consulting, Balanced Participation in accordance with the rule of national Law and/or Praxis, as well as other Guidelines to apply these Principles. The Occupational Safety and Health National Policy of the Republic of Serbia (2006) defines the principle of Informing on all levels, from national to Employer. Also, the Occupational Safety and Health Strategy of the Republic of Serbia for the period of 2013-2017 accepts and promotes the principle of Informing based on aforementioned Documents. According to the Article 60 Statute of the Occupational Safety and Health Law, the Occupational Safety and Health Directorate has an obligation to inform the public regarding the state of affairs in the area of Occupational Safety and Health. The Ministry authorized for Occupational Safety and Health informs the public regarding this sphere via: website www.minrzs.gov.rs, media, seminars, conferences, printed material and other. On Employer level the Occupational Safety and Health Law determines the obligation of Employer to inform Employee Representatives, i.e. the Occupational Safety and Health Board regarding all Occupational Safety and Health Information. All Legislations of this area define the obligation of Employer to ensure all information and notices related to Occupational Safety and Health to Employees or their Representatives for Occupational Safety and Health, and especially of Regulations that are applied with the goal of obtaining Safe and Healthy Conditions of Labor at Workplace. 3.8 Specialized Technical, Medical and Scientific Institutions related to Various Aspects of Occupational Safety and Health
3.8.1 University and Faculty Courses related to Occupational Safety and Health
The Strategy to Develop Education up to the year of 2020 represents a strategic response to numerous challenges that the Educational System of Serbia confronts with. In the Educational System of the Republic of Serbia there are University institutions that Educate Personnel in the area of Occupational Safety and Health by study programs of engineering Occupational Safety and Health, on level of basic academic and basic proficiency studies (180 ESPB points), master academic studies, academic specialization and proficiency specialization studies (240 to 300 ESPB points) and doctoral academic studies. In the Republic of Serbia in the year of 1967 the Faculty of Occupational Safety in Nis was founded, with programs that prepare students, in accordance with the University Law, as graduated Engineers of Occupational Safety, Environmental Protection and Fire Protection to perform the Occupational Safety and Health Tasks. Also, the Faculty of Technical Sciences – Novi Sad organizes study programs of Occupational Safety engineering, as well as Ecological engineering. On other technical faculties for the study programs courses are organized that relate to Occupational Safety and Health. Besides aforementioned, there is great number of proficiency schools that educate engineers to perform the Occupational Safety and Health Tasks. (Taunus-Taurunum in Zemun, Proficiency High School – Novi Sad, Nis, Uzice etc.) However, for the purpose of general increase in awareness since the earliest age regarding the Importance of one’s own Safety and Health, it is necessary to include this Program in Elementary and High School education to introduce students to the need of nurturing the Culture of Safety and to gain knowledge in this area. For the first time in the Republic of Serbia, by enacting the Law of Elementary Education and Culture (“RS Official Gazette’’, number 55/13 and 101/17), a legal frame is created to introduce into school curriculum Programs regarding Occupational Safety and Health that encompass common school activities, parents, i.e. caretakers and units of local self-management focused on developing awareness to implement and improve Occupational Safety and Health. Also, the Law of High School Education and Culture states that school curriculum, besides others, contains Program of Occupational Safety and Health, and the Law of Adult Education legislates programs of formal and informal education, among others and Program to develop and maintain Safe and Healthy Labor Conditions. It is needed to be stated that in the beginning of next school year (2019/2020) application of the Dual Education Law commences, so it is justifiably expected to engage schools, Employers and Labor Inspection in application of the Occupational Safety and Health Regulations. The possibility of including Occupational Safety and Health into the educational and pedagogic system is seen also in extracurricular activities, discussions, lectures, presentations, proficiency practice etc. The Occupational Safety and Health Program should include common activities of schools, parents and local authority activities, focused on developing Occupational Safety and Health Awareness. Increasing awareness of the importance of Occupational Safety and Health in educational and pedagogical system is one of the basic elements of preventive approach in the Republic of Serbia, which will enable for future Employers and Employees to execute appropriate regulations at Workplace and in Working Environment. Almost all Questionnaire participants support implementation into education courses regarding Occupational Safety and Health (Graph 11). Graph 11. Support to implement courses regarding the area of Occupational Safety and Health into the Republic of Serbia education. No opinion 2% 4%
Yes No No opinion
Yes 94%
3.8.2 The Research Departments and Institutions that Conduct Studies of Occupational Safety and Health and Research
The Occupational Safety and Health Directorate is obliged, among others, to research and stimulate development in the branch of Labor Humanization. The Directorate has carried out research together with Economic Chamber of Serbia with the goal of analysing principles of implementing Occupational Injury and Occupational Disease Risk Assessment Principles. The results of the survey conducted in 2007 indicated that from the 1191th interviewed employer, only 378 (31.74%) passed a risk assessment act, while 813 (68.26%) did not act in accordance with the provisions of Article 13 of the Law on safety and health to work. A survey conducted in 2010 indicates that most employers surveyed 922 (80.95%) adopted an act on risk assessment at the workplace and in the work environment. The EU Occupational Safety and Health Agency conducts a plethora of research in the field of Occupational Safety and Health in the EU member states, where also the Republic of Serbia participates (analyses of European public opinion regarding Occupational Safety and Health – Campaign for Healthy Workplaces and others). Unfortunately, the Research Institutions have not used the possibility to apply for Occupational Safety and Health Projects at the Ministry of Education, Science and Technological Development and neither in the EU Project call ‘’Horizon 2020’’.
3.8.3 The Institutions that Conduct Training in Accordance with Law Requirements
Requirements related to Training Occupational Safety and Health Employees, from the ILO Conventions and the EU Directives are contained in the national Law – the Occupational Safety and Health Law and Legislations. According to the listed requirements Employer is obliged to conduct Employee Occupational Safety and Health Training at the moment of Labor Relation foundation; other Labor engagement; relocation to other Labor; during implementation of new technology or new Labor devices; change of Labor equipment or process change that can cause change in Occupational Safety and Health Regulations. The process of Training skills and skill verification is conducted in accordance with the Occupational Safety and Health Skill Training Program. Employer can Train his Employees by hiring outsourced Services. In accordance with the Occupational Safety and Health Law, Employer can enable improvement in theoretical skills in this area for Employees chosen to perform these Tasks. Mentioned improvements in knowledge is conducted according to Theoretical Skill Improvement and Other Inquiries Rulebook regarding Occupational Safety and Health Personnel Theoretical Skill Improvement. Training Occupational Safety and Health Personnel related to their specialization can be organized by the Occupational Safety and Health Directorate but also Other Institutions, juridical bodies and others. According to the Adult Education Law, if an organization, institution, economic association or other organizations receive the status of publicly recognized Organizer, are able to conduct Training in the area of Occupational Safety and Health. In the Republic of Serbia Representative syndicates on State level, syndicates on Employer level, associations, universities, corporations, juridical bodies that professionally conduct Occupational Safety and Health Tasks and other organizations that hold seminars, conferences, round tables, workshops that discuss themes regarding Occupational Safety and Health, contributing to Training of Personnel performing Occupational Safety and Health Tasks. According to the data of the Occupational Safety and Health Directorate in the period from August 2006 to June 2017, 9331 candidates applied for the professional examination and successfully passed 7467 candidates. Analysing the educational structure of those who passed the professional exam, it is noted that 3102 (41.5%) have not completed the faculty. Bearing in mind that development of technologies, as well as development of occupational safety and health, increases complexity of work in this field. So, insufficiently qualified personnel for occupational safety and health pose a serious challenge to further development of discipline. The educational structure of those who passed the professional exam is shown in the Table. 11. Table 11. The Number of Candidates Which Passed the Exam for Performing Occupational Safety and Health Tasks Based on Their Qualifications 2006 - 2017. Qualification Number Craft school (III years) 106 Secondary school 1167 Craft school (IV years) 61 College 1768 Qualification Number University degree (IV years) 4055 University (V years) or (IV + 1-year post 10 graduate) University + 2 years post graduate 59 Total 7467
Majority of Questionnaire participants have rated negatively the offer of courses and other forms of Occupational Safety and Health Training (Graph 12.). Graph 12. Rating of offered courses and other forms of Occupational Safety and Health Training No opinion 15% Yes 21%
Yes No No opinion
No 64%
3.8.4 The Institutions and Laboratories Specialized for Hazzard and Risk Assessment (Chemical Safety, Toxicology, Epidemiology, Product Safety, etc.)
In accordance with the Occupational Safety and Health Law Employers are obliged to conduct Risk Assessment of all Workplaces in Working Environment, i.e. Danger and Hazard Assessment, respecting the procedure defined by Method and Process Rulebook regarding Workplaces and Working Environment Risk Assessment. Prior Requirement to performing Risk Assessment is to examine conditions of Working Environment and Examine and Evaluate Labor Equipment in order to recognize Workplace Dangers and Hazards. In the Republic of Serbia (1/3/2018) 22 legal Bodies are authorized and Licensed to perform Examination of Working Environment Conditions and 27 to Examine and Evaluate Labor Equipment. The mentioned legal Bodies issue professional results regarding conducted Examination of Working Environment Conditions, i.e. Examination and Evaluation of Labor Equipment. Legal Bodies that conduct Examination of Working Environment and Examination and Evaluation of Labor Equipment must fulfil requirements (laboratories, instruments, research methodology etc.) in accordance with the Requirement and Cost Rulebook to Grant License to perform Occupational Safety and Health Tasks. These Legal Bodies are listed on the Ministry of Labor, Veterans' and Social Affairs website, Employers can hire outsourced Services, i.e. Legal Bodies and entrepreneurs Licensed to perform the Occupational Safety and Health Risk Assessment. Total number of these Legal Bodies and entrepreneurs (1/3/2018) is 350. Legal Bodies and entrepreneurs performing Risk Assessment are listed on the mentioned Ministry website. Majority of Questionnaire participants rate application of Workplace and Working Environment Risk Assessment as satisfactory (Graph 13). Questionnaire participants rate the quality of services offered by organizations performing Occupational Safety and Health Tasks as good (Graph 14). Graph 13. Rating of conducted Workplace and Working Environment Risk Assessment.
Not applicable 1,9
Excellent 3,8
Very good 17
Good 24,5
Satisfactory 30,2
Non-satisfactory 22,6
0 5 10 15 20 25 30 35
Graph 14. Rating of Service quality for organizations performing Occupational Safety and Health Tasks.
No opinion 11,3
Not applicable 1,9
Excellent 5,7
Very good 9,4
Good 34
Satisfactory 30,2
Non-satisfactory 7,5
0 5 10 15 20 25 30 35 40
3.8.5 The Institute for Standardization
In accordance with the Standardization Law the Institute for Standardization of Serbia is founded as the only National Body for Standardization in the Republic of Serbia. This Institute conducts, among others, the following activities: • Enacts, published, re-evaluates and annuls Serbian Standards, in accordance with Institute rules; • Ensures concordance of Serbian Standards with International and European Standards; • Acts as Centre for Standards Information, for informing and noticing regarding Standards, in accordance with requirements legislated with International Agreements and obligations from appropriate International and European Standardization Organizations; • Enables the use of national symbol of concordance with Serbian Standards, in accordance with the Institute rules; • Provides Professional Assistance for application i.e. fulfilment of requirements for Serbian Standards.
The application of Serbian Standards and associated Documents is voluntary. Technical and other Legislation can only be called by published Serbian standards. Institute for Standardization activities contribute to the development of Occupational Safety and Health by transposing the EU Standards into Serbian standards.
3.8.6 The Professional Associations
In the area of Occupational Safety and Health the Professional Associations are those which are registered in the authorized organ. In the Republic of Serbia there are multiple Associations registered with different operations. The Occupational Safety and Health Association is a voluntary, politically independent, non-profit organization founded to develop activities for improvement of Occupational Safety and Health, improvement of Labor Conditions and preservation of Working and Living Environment. Organization and activity of this Association are based on the following goals, among others to: Develop, Stimulate and Aid activity of everyone interested in constant and systematic betterment and improvement of Occupational Safety and Health and Labor Conditions; Monitors and Evaluates Issues in the area of Occupational Safety and Health and in the scope of activities initiates and proposes Regulations to interested and authorized organs for their application and other.
Besides aforementioned, on the territory of the Republic of Serbia other Associations act in the area of Occupational Safety and Health, such as: Association to Improve Occupational Safety and Employee Protection of Serbia’s Infrastructure, Labor Safety Alliance of Serbia, Association of Occupational Safety and Health of the city of Belgrade, Association of Occupational Safety and Health of Ras County, Labor Safety Association of Macva County, Labor Safety Association of Sid and others.
Questionnaire participants are disagreeing in rating Non-Governmental Organizations contribution the development of the area of Occupational Safety and Health (Graph 15.). Graph 15. Contribution of Non-Governmental Organizations to the development of the area of Occupational Safety and Health.
30%
40% Yes No No opinion
30%
3.9 Coordination and Cooperation
The ILO Documents and the EU Documents regarding the area of Occupational Safety and Health define a Principle of Coordination and Cooperation on all levels from national to Employer.
Also, the National Policy of the Republic of Serbia promotes Cooperation in the area of Occupational Safety and Health on all levels of Employer, Employee and State Organization (Employee Union, Syndicates, Inspection, Funds for Pension, Disability and Community- health Insurance, NGOs and other). According to accepted Policy of the Occupational Safety and Health Law Obligatory Cooperation of Employers and Employees is enacted (Article 48), as well as Cooperation on NATIONAL level (Article 52). Based on obligations defined by this Law and contained Legislations, Cooperation and Cooperation of Employers and Employees is enacted.
3.10 Situation Analysis and Recommendations
The principle of Coordination and Cooperation is accepted mostly by Employers with foreign funds where higher level is demanded and coherent application of the Occupational Safety and Health Regulations. Coordination and Cooperation has not evolved to a satisfactory level for small and medium Employers in relation to these Employers perception of investment into Occupational Safety and Health Regulations as expenditure.
It is recommended to increase awareness as much as possible regarding Coordination and Cooperation of Employers and Employees by implementing all manner of education on all levels. This sort of education is best implemented by corporate responsibility of Employer, as well as engaging Civil Society in this issue. To improve knowledge and skills in the area of Occupational Safety and Health, it is recommended to realize possibilities of founding and organizing Centre/Centres for Occupational Safety and Health education, having in mind general intention and practice of developed countries with lifelong, i.e. continuous education. Continuous education/training of Occupational Safety and Health should be organized on three levels: basic education/training; advanced education/training; economically oriented education/training. From the aspect of Occupational Safety and Health in the following period it is recommended to focus especially on training self-employed. Related to education/training of all interested in Occupational Safety and Health, as well as specializing Personnel in this area it is recommended to conduct Standardization of conferences, seminars, workshops that were relevant to Certificate issuing as soon as possible. In solving this issue participation of Civil Society would be valuable. Also, it is recommended to Examine as soon as possible, in order to conduct Employee activities easier, as well as for new technologies, whether Employers themselves can perform Evaluations and Examinations of Labor equipment and which equipment, and Examination of Working Environment Conditions, as for example microclimate, lighting and so on.
4 ROLE OF OCCUPATIONAL SAFETY AND HEALTH SOCIAL PARTNERS 4.1 Social Partners Occupational Safety and Health Program
The Socioeconomic Council for the Territory of the Republic of Serbia contains the Permanent Working Body for Issues of Occupational Safety and Health which creates the Social Partners Occupational Safety and Health Program and is formed according to the Socioeconomic Law. The goal of this Council’s activity is, among others, consideration of Employee and Employer Issue of Status and their Life and Labor Conditions and development of Social dialogue.
On Employer level Social Partners are Employer Representatives and Representatives of Representative Syndicate/Syndicates, that can create the Social Partners Occupational Safety and Health Program, with the goal of developing Social dialogue in order to better apply Occupational Safety and Health Regulations. For Employers where no Syndicate is organized Employee Representatives can develop the Social Partners Occupational Safety and Health Program with Employer.
4.1.1 Employer Organizations
4.1.1.1 The Employers Union of Serbia
In the Republic of Serbia there exists one representative organization of Employers – The Employers Union of Serbia. In the area of Occupational Safety and Health, the Employers Union of Serbia, actively participates in the process of Law, Legislation, Strategic Documents and Accessory Acts enactment regarding the Occupational Safety and Health System. Sector Preventive Engineering is formed on the level of EUS and carries out Representation of Employer Interests through the creation of maintainable Occupational Safety and Health System. The EUS goal is to, among others, gather companies that perform Occupational Safety and Health Tasks, raise Employer awareness about the importance of Safe and Healthy Labor Conditions, as well as increase general and business Culture i.e. national Culture of Prevention in the area of Occupational Safety and Health. To realize this goal the EUS independently or in cooperation with interested parties and partners organizes and participates in numerous activities and trainings in the sphere Occupational Safety and Health especially concerning small and medium Employers. EUS as a partner actively participates in the Socioeconomic Council operations.
4.1.1.2 The Economic Chamber of Serbia
On the level of economy, the Economic Chamber of Serbia has an important role in implementing Occupational Safety and Health Policies, i.e. manifesting an economic ambient to create a coherent application of Legislations in this sphere.
The Economic Chamber of Serbia, according to the rule of Economic Chamber Law, cooperates with the National Parliament, the Government, authorized State governance Organs and Institutions and their Workgroups, related to Issues of Economic Interest by participating in Project Draft furnishing and other Legislation related to the Economy, as well as Occupational Safety and Health Legislations and submits to the authorized Ministry analysis of application of particular Legislations of value to the economy, with Propositions to improve implementation quality of those Legislations. The Economic Chamber of Serbia, with the goal of establishing a Social dialogue, Cooperates with Employer organizations and Employee syndicates, regarding Issues of Equal Status of Employees and Other Issues of common interest.
The Economic Chamber of Serbia Cooperates with other economic Chambers, as well as appropriate Associations, Institutions and Organizations in the country and abroad.
Other Associations also act on the territory of the Republic of Serbia that gather businessmen.
4.1.1.3 National Alliance for Local Economic Development (NALED)
NALED is an independent, non-profit and non-partisan association of companies, municipalities and civil society organizations that work together to create better living and working conditions in Serbia. Since its inception in 2006, NALED has grown into the largest private-public association. NALED gathers nearly 280 members, and the network of partners consists of more than 100 state institutions and international organizations.
NALED has positioned itself as a key panellist of the Government and Parliament in defining regulatory priorities and legal solutions of importance for the economy. It gives an independent assessment of the work of state institutions and reports to the public and the European Commission on the status of reforms in Serbia. NALED members advocate an efficient state, reduce bureaucracy and parafiscal burdens on the economy, and loyal competition. All NALED activities are aimed at improving the business climate at the national and local levels.
4.1.2 Employee Organizations
In the Republic of Serbia exist three representative Associations of Employees: Alliance of Independent Syndicates of Serbia, United Branched Syndicates ‘’Nezavisnost’’ and Confederation of Independent Syndicates. 4.1.2.1 The Alliance of Independent Syndicates of Serbia
The Alliance of Independent Syndicates of Serbia has adopted the Occupational Safety and Health Resolution, and together with other Social Partners has signed the Declaration of Occupational Safety and Health. The AISS as the oldest syndicate organization in Serbia has given special attention to the area of Occupational Safety and Health, so a special proficient team for Occupational Safety and Health is formed, and Branched Syndicates have formed special Workgroups for Occupational Safety and Health. The AISS continuously performs activities that all Rights, Obligations and Responsibilities of Labor Relation, which means all Rights, Obligations and Responsibilities in the area of Occupational Safety and Health are legislated by Collective Contract. For this reason, the AISS has prepared an experimental example of the Occupational Safety and Health Collective Contract for Labor at Employer, which serves, before all, as aid for Syndicate Representatives and Employer Representatives, as a guideline and help in negotiations with Social Partners and concluding the Collective Contract at Employer. Also, individually or collectively with Social Partners the AISS and Branched Syndicates perform continuous education of Occupational Safety and Health Syndicate Members. Activities are mostly focused on High Risk Labor where Occupational Injuries manifest most often.
4.1.2.2 The United Branched Syndicates “Nezavisnost”
United Branched Syndicates “Nezavisnost” in their program orientation, as one of more important activity, define precise activities to continually improve Occupational Safety and Health. Those activities the UBS “Nezavisnost” implement, before all, through actions of the Program Board for Living and Working Environment Protection. The United Branched Syndicates focus special attention on: activities to develop quality and efficient cooperation with the Occupational Safety and Health Directorate and the Labor Inspectorate, with the goal of improve Occupational Safety and Health; application of the Occupational Safety and Health Law, and of accessory normative Legislations, which encompass this area; participation in bipartite and tripartite bodies regarding Occupation Safety and Health; activities to promote and apply in practice the Declaration of Socioeconomic Council of the Republic of Serbia regarding Occupational Safety and Health; enactment of Collective Contracts of Occupational Safety and Health; Promotional Activities and organization of campaigns to decrease Occupational Injury and Disease, especially in particular branches of Labor where most needed (construction, chemical industry, agriculture, healthcare and other); constituting and functioning of the Board for Occupational Safety and Health; preparation and creation of promotional material for Occupational Safety and Health; education and training of Members for proper and efficient activities regarding Occupational Safety and Health.
4.1.2.3 The Confederation of Independent Syndicates
The Confederation of Independent Syndicates is an organization of syndicates united on the level of the Republic of Serbia and organized by branches and regions. Occupational Safety and Health represents one of the important segments of Confederation of Independent Syndicate operations and is realized on all levels of activity. On lower levels it acts through Boards for Occupational Safety and Health. The Confederation of Branched Syndicates is engaged through members for every Collective Contract at Employer to obligatorily include the chapter where Occupational Safety and Health is defined. In the Republic of Serbia there is a great number of registered Syndicates as for branch level as for Employer level.
Questionnaire participants are disagreeing in rating syndicate contribution to the development of Occupational Safety and Health (Graph 16)
Graph 16. Rating of syndicate contribution to the development of Occupational Safety and Health
No opinion 24%
Yes 38% Yes No No opinion
No 38%
4.2 Participation in National, Sector and Company Level
4.2.1 Participation of the National Tripartite Board for Occupational Safety and Health
Issues of Employee Representatives and their election into the Board for Occupational Safety and Health, as well as Board operations are regulated by the Occupational Safety and Health Law in accordance with the ILO Convention no. 135, as well as the Directive 89/391/EEC.
Tripartite Social dialogue in the area of Occupational Safety and Health is between: Employees, Employers and the State. Social dialogue on tripartite basis is encompassed by the Socioeconomic Council on the territory of the Republic of Serbia. Within this Council there is a working body of Occupational Safety and Health.
4.2.2 The Bipartite Boards
The Bipartite Social Dialogue in the area of Occupational Safety and Health is carried out through Representatives: Employee and Employer (the State can be in the role of Employer-as Insurer of Legislative and Institutional Frame).
Bipartite relation on Employer level is carried out by Employees having the right to choose one or more Representatives for Occupational Safety and Health. At least three Employee Representatives create the Board of Occupational Safety and Health. Employer is obliged to include in the Board at least one Representative, so that the number of Employee Representatives is greater for at least one than the number of Employer Representatives. The Process and Method of Employer and Employee Representative Activities and the Board, number of Employee Representatives at Employer, as well as their relation to Syndicate is legislated by Collective Contract or Act concluded between Employer and Employee Representatives.
Employer is due to enable Employee Representative, i.e. the Board, the following: insight to all Acts that relate to Occupational Safety and Health; to participate in discussing all Issues related to Occupational Safety and Health, to propose and be consulted, as well as to inform regarding all Information related to Occupational Safety and Health. Employer and Employee Representative, i.e. Board and Syndicate, are due to mutually Cooperate regarding Issues of Occupational Safety and Health.
4.2.3 Participation on Company Level
Employees of Employer participate in Evaluating Issues of Occupational Safety and Health through Syndicates or directly through their Representative, i.e. through the Board of Occupational Safety and Health and Employees Council. Employer is due to ensure Employee Representative activities without harassment by enabling leave from Labor at Workplace for which he is commissioned for the duration of at least five working hours per month with the right to salary that is calculated to provide technical and spatial conditions in accordance with spatial and financial possibilities, to perform activities of Employee Representatives. In the prior Part 4.2.2 a way for Employee Representatives to participate in solving Issues regarding Occupational Safety and Health at Employer level.
Questionnaire participators are disagreeing in rating Employer and Employee Representatives Cooperation in the area of Occupational Safety and Health as unsatisfactory (Graph 17) At the same time participators rate contribution of the Board to the improvement of Occupational Safety and Health at Employer level as good (Graph 18). Graph 17. Employer and Employee Cooperation rating in the area of Occupational Safety and Health is unsatisfactory.
No opinion
Not applicable 1,9
Excellent 3,8
Very good 5,7
Good 28,3
Satisfactory 30,2
Non-satisfactory 30,2
0 5 10 15 20 25 30 35
Graph 18. Rating of contribution of the Board for Occupational Safety and Health to improvement of Occupational Safety and Health at Employer level.
No opinion 15,1
Not applicable 17
Excellent
Very good 7,5
Good 26,4
Satisfactory 17
Non-satisfactory 17
0 5 10 15 20 25 30
4.3 The Occupational Safety and Health Collective Negotiation
The Collective Negotiations are two-way negotiations of Employer Representatives and Employee Representatives, i.e. Syndicates for creation of Collective Contracts. The Collective Agreement can be concluded as General, Special or at Employer. The Occupational Safety and Health Issues are contained in all Collective Contracts and on all levels due to Syndicate intensive focus to Legislate these Issues. Rights, Obligations and Responsibilities related to Occupational Safety and Health, defined by Law, are precisely regulated with General Employer Act, Collective Contract or Labor Contract. It is defined by Law that Employer is obliged by General Act, i.e. Collective Contract, to define Rights, Obligations and Responsibilities in the field of Occupational Safety and Health. Also, it is defined that Employer having up to 10 Employees – Rights, Obligations and Responsibilities can be defined by Labor Contract. The Labor Law defines that Collective Contract at Employer in the area of Occupational Safety and Health and Labor Contract, can define greater Rights and better Labor conditions than Rights and Conditions defined by this Law, but cannot define lesser Rights and worse Labor Conditions than Conditions defined by Law. By rule, all Rights, Obligations and Responsibilities at Employer are legislated by Collective Contract. 4.4 Abstract
4.4.1 Abstract of Particular Employers Responsibilities
Rights, Obligations and Responsibilities of Employer in the field of Occupational Safety and Health, taking into account requirements of the Conventions and the Directives, are defined by the Statutes of the Occupational Safety and Health Law, and more precisely legislated by General Employer Acts, however Employer is not free from Duties and Responsibilities regarding application of the Occupational Safety and Health Regulations by selecting other Person or transferring Obligations and Responsibilities to other Person. The most important Obligations of Employer are to: enact Risk Assessment Act; select Personnel for Occupational Safety and Health; secure performance of Labor on Workplace for Employees where Occupational Safety and Health Regulations are implemented; train Employees in Occupational Safety and Health; ensure Utilization of Personal Protection Labor Devices and Equipment for Employees; ensure Maintenance of Labor Devices and Devices and Equipment for Personal Protection in functional condition; ensure on the basis of Risk Assessment Act and Evaluation of Occupational Health Services supposed medical examination of Employees; ensure First Aid application; Stop any sort of Labor, that represents Immediate Danger to Life or Health of Employees and others.
Questionnaire participants have rated Employers engagement to the development of Occupational Safety and Health in their organizations as – good (Graph 19). Graph 19. Rating of Employer engagement to the development of Occupational Safety and Health in their organizations.
Not applicable 1,9
Excellent 9,4
Very good 3,8
Good 37,7
Satisfactory 24,5
Non-satisfactory 22,6
0 5 10 15 20 25 30 35 40
4.4.2 Abstract of Employee Rights and Obligations
On similar way as in point 4.4.1 of this Document, Rights and Obligations of Employees in the area of Occupational Safety and Health, taking into consideration the Convention and the Directive requirements, are defined by the Statutes of Art. 32-36 of the Occupational Safety and Health Law, and are more precisely defined by General Employer Acts. It is specially pointed by Law that Employees have Right to, in certain conditions, Refuse to Work, and if: threatened by Immediate Danger to life and health due to Failure to Implement Legislated Occupational Safety and Health Regulations for Workplace of his position, until those Regulations are implemented; Employer did not provide Legislated Medical Examination or if the Examination proves failure to fulfil required Medical Conditions, for Labor on High Risk Workplace; during Training in Occupational Safety and Health have not been introduced to all manner of Risk and Regulations for their removal, for Labor or on Workplaces positioned by Employer; working longer hours, i.e. Night Labor, if, the Occupational Health Services define that sort of Labor could worsen his/her Health Condition; operating Labor Devices on which legislated Occupational Safety and Health Regulations were Not Applied. Beside defined Rights, Employees also have Obligations, among others, to apply legislated Occupational Safety and Health Regulations, to utilize Labor Devices and Dangerous Matter with intent, to utilize legislated Personal Protection Devices and Equipment and to handle it with care, so no danger is to come to him/herself or to other persons, to inspect Workplace before commencing Labor, including Labor Devices utilized, as well as Personal Protection Devices and Equipment, and in case of perceived irregularities inform Employer or other authorized person, as well as to Cooperate with Employer and Personnel for Occupational Safety and Health, so legislated Occupational Safety and Health Regulations would be implemented for his position of Labor. The greatest number of Questionnaire participants have rated engagement of Employees in the development of field of Occupational Safety and Health as unsatisfactory (Graph 20).
Graph 20. Rating of Employee engagement in the development of Occupational Safety and Health field.
Not applicable 1,9
Excellent 5,7
Very good 7,5
Good 22,6
Satisfactory 30,2
Non-satisfactory 30,2
0 5 10 15 20 25 30 35
4.4.3 Abstract of Rights and Responsibilities of Representatives for Occupational Safety and Health
Choice of Employee Representatives at Employer is conducted most often by Syndicate organization. The issue of Employee Representative, having in mind obligations of International Legislation, is defined by the rule of Law. According to Law, Employee Representatives, i.e. the Board possess the right to: propose to Employer proposals on all issues related to Occupational Safety and Health; to demand that Employer executes appropriate Regulations to remove or decrease Risk jeopardizing Safety and Health of Employees; to require Labor Inspection operations, if deeming that Employer has not implemented proper Occupational Safety and Health Regulations, as well as be present during Inspectional Supervision. Also, Employer is due to introduce Employee Representatives, i.e. the Board with: Results and Proposals of Occupational Safety and Health Preventive Regulations or executed Regulations of Labor Inspection; Occupational Injury, Occupational Disease and Occupational Health Issue Reports and with executed Occupational Safety and Health Regulations and with executed Regulations to Prevent Immediate Danger to Life and Health. 4.5 Situation Analysis and Recommendations
Developed Social Dialogue as well as on State level as for Employer level contributes to better understanding of Occupational Safety and Health Issues, and the final goal is to decrease Occupational Injuries and Occupational Diseases. It is of special importance to develop Collective Negotiations on all levels regarding Occupational Safety and Health, where a great part is played by Syndicates as Civil Society organizations. It can be said that in the Republic of Serbia Social dialogue, i.e. Collective Negotiation in the field of Occupational Safety and Health is developed. With the goal of developing Social Dialogue it is recommended to increase capacity of Civil Society organizations which would be determined by strategic Documents of Occupational Safety and Health. To ensure the role of Civil Society organizations in Collective Negotiations it is recommended to, as well as on state level as for Employer level, determine Personnel to cooperate with Civil Society organizations who possess knowledge and skills required for these activities. Having in mind the need for Employee Representatives to possess a more significant role in Collective Negotiations, it can be marked that the role of Employee Representatives has not found proper place in practice at Employer and possesses foundations of developing ways of activities and organizations of Civil Society to provide Proficient Aid, Develop Projects for creating Initiative to Implement Occupational Safety and Health Regulations. Special recommendation would refer to participation of Sensitive Groups to Collective Negotiation, i.e. Persons with Disability, by applying appropriate Regulations for Equality (for example informing in accessible forms, enabling participation to meetings, internet counselling in accessible forms, ensuring translation to sign language and other).
5 ACTIVITIES AND FUTURE ACTIVITIES RELATED TO OCCUPATIONAL SAFETY AND HEALTH 5.1 Promotional Programs and Activities
The Occupational Safety and Health Directorate and the Labor Inspectorate in the Ministry of Labor, Veterans' and Social Affairs in the scope of their authorities perform Occupational Safety and Health Promotion in the Republic of Serbia through a list of Promotional Programs and Activities. Programs and Activities of Occupational Safety and Health Promotion is performed together with Social Partners, NGOs and others. With the goal of decreasing the number of Occupational Injuries and Occupational Diseases the Occupational Safety and Health Directorate cooperates with Social Partners to educate Employees, Occupational Safety and Health Personnel and other participators in the Occupational Safety and Health System regarding application of Law and Legislations that ensure System functioning. The Directorate performs activities of Agency Confidant (Informative Network) in Serbia with the goal of information exchange with interested parties. In Informative Network activities participate Social Partner Representatives, Associations of Occupational Safety and Health, educational institutions and professionals in this area. For the occasion of defining 28th of April as World Occupational Safety and Health Day and Occupational Safety and Health Day in the Republic of Serbia, the Directorate in cooperation with Labor Inspectorate, Social Partners, OSH Institutes, Non-Governmental Organizations and other partners has organized Competitions to award national recognition related to the sphere of Occupational Safety and Health, those being: ’’28th of April’’ Bill for Legal Bodies/Entrepreneurs in categories up to 250 and over 250 Employees, ’’28th of April’’ Plaquette and ’’28th of April’’ Commendation. The Directorate traditionally, in cooperation with Labor Inspectorate, Social Partners, OSH Institutes, Non-Governmental Organizations and other partners acknowledge ‘’28th of April’’ as Occupational Safety and Health Day; 6th of August – Miners Day; 8th of August- Construction Workers Day; every other year Occupational Safety and Health Fair is organized; in the last week of October European Occupational Safety and Health Week is organized; as for a list of other Promotional activities. Participants in the survey assessed promotional activities in the field of occupational safety and health as unsatisfactory (Chart 21). Graph 21. Assessment of The Promotional Activities in The Field of Occupational Safety and Health
No opinion 5,7
Not applicable
Excellent 1,9
Very good 5,7
Good 17
Satisfactory 32,1
Non-satisfactory 37,7
0 5 10 15 20 25 30 35 40
5.2 Creation of International Capacities for Technical Cooperation that Directly Relate to Occupational Safety and Health
The ILO for the area of Occupational Safety and Health provides Technical assistance via Representatives – Coordinator for Cooperation for the Republic of Serbia by issuing Projects to improve and Promote this area (marking of International Occupational Safety and Health Day – 28th of April, concluding the Labor Dignity Agreement and other). The EU Occupational Safety and Health Agency, with the seat in Bilbao, provides assistance in marking the European Occupational Safety and Health Week. The EU Commission via TAIEX and Expert Commission assists the Republic of Serbia in transposing the Directives regarding the domain of Occupational Safety and Health. 5.3 Situation Analysis and Recommendations
In the Republic of Serbia since year 2005, i.e. enactment of the Law, promotional activities in the area of Occupational Safety and Health are intensely implemented. The actors of these activities were the Ministry authorized for Occupational Safety and Health, the media, big corporations of various types, universities, schools, associations, other NGOs and others, which contributes to improvement and popularization of Occupational Safety and Health. With the goal of promoting this area great number of various publications, brochures, flyers etc. were printed in cooperation with Social Partners, the ILO and the EU Occupational Safety and Health Agency. In the following period defined activities should be continued which Promote this area. To strive to cooperate even more with the ILO, the EU Occupational Safety and Health Agency, Occupational Safety Association of Macedonia and other regional Associations. Together with Civil Society organizations we should strive to solve the Issues of the role of Occupational Health, Special Occupational Injury Insurance, Unitary Occupational Injury Registry and Other Inquiries via the EU projects (IPA, TWINNING etc.), bilateral Cooperation with countries in region, as with other countries, National and International Associations.
6 OCCUPATIONAL SAFETY AND HEALTH RESULTS 6.1 Registering and reporting occupational health issues and diseases
As mentioned before in Articles 50 and 51 of Occupational Safety and Health Law, employer is obliged to immediately, up to 24 hours from the event, report in oral and written form to the occupational inspection and the institution for internal affairs each fatality, collective or serious occupational health issues, a health issue which disables the employee to work for more than three consecutive workdays, as well as dangerous events that could jeopardize the safety and health of the employees. The employer is due, in no more than three consecutive workdays from the moment of becoming aware of the event, to report to proper occupational inspection occupational diseases, i.e. occupational health issues of the employees. Rulebook for writing reports in appropriate form regarding occupational injuries and diseases regulates the process of submitting the report about occupational injuries and diseases and precisely defines deadlines for the employer and others in the process. According to this Rulebook, employer submits Report in five copies, that are completed by a physician. Employer submits the completed Reports to The National Health Insurance Fund. In accordance with Rulebook, The National Health Insurance Fund authenticates all five copies of the report. In practice, The Fund verifies reports only after a decision is made by The Fund’s commission. Verified copies of Report are distributed in the following manner: The Republic Fund retains one copy, and the remaining four are returned to the employer. Employer retains one copy for itself, one is delivered to the injured laborer, one is forwarded to The National Pension and Disability Insurance Fund and one copy is forwarded to The Occupational Safety and Health Directorate. In the list of institutions that receive Report of occupational injuries Institute for Public Health “Dr Milan Jovanovic Batut” is not mentioned and according to Health Documentation and Registry Law belongs to healthcare (Article 31) and is obliged to keep registries concerning occupational injuries. The registry of occupational diseases in Serbia is affected by an unclear procedure of determining occupational diseases. Also, current legislations do not define who diagnoses occupational diseases, who verifies that diagnosis and neither who is charged for occupational disease diagnostics. Furthermore, current legislations do not presume a 2-step decision making process. Rulebook for determining occupational diseases is enacted in 2003 based on Rulebook enacted in 1997 and it defines 56 occupational diseases for whom are given general determination criteria. Rulebook does not presume the possibility of determining occupational diseases that are not listed and by so the list of occupational diseases in Serbia is categorized as a closed list.
6.2 Occupational injury and disease Statistics
Data concerning occupational injuries comes from three sources: The National Health Insurance Fund, Occupational Safety and Health Directorate and Health Inspection. As Health Inspection has an obligation to supervise only in cases of severe occupational injuries and fatalities, a significant difference in completed supervisions and number of occupational injuries registered in National Health Insurance Fund can only be partially explained. Furthermore, a significant difference is evident in the number of occupational injuries registered by National Health Insurance Fund and Occupational Safety and Health Directorate. The Number of Occupational Injuries in Serbia 2009-2016 is presented in Table 12. It should be noted that the number of occupational injuries does not include injuries in agriculture (for individual farmers), security services and the military. Table 12. The Number of Occupational Injuries in Serbia 2009-2016. Year 2009 2010 2011 2012 2013 2014 2015 2016 Health insurance Number of 21.870 22.301 19.717 15.843 17.556 17.759 19.393 19.549 occupational injuries Serious injuries 4.172 4.130 3.631 2.841 3.268 3.103 3.395 3.223 Fatal injuries 32 37 26 22 32 25 23 47 Occupational safety and health administration Number of 9.391 8.670 10.247 6.765 7.766 7.457 7.991 9.064 occupational injuries Serious injuries 1.472 1.222 1.387 829 1.237 1.153 1.176 1.236 Fatal injuries 12 4 10 6 3 1 5 8 Labor inspectorate Number of inspections due to 1.286 1.322 1.082 1.243 1.146 1.100 947 900 occupational injury Serious injuries 1.004 1.026 958 1.003 849 904 780 774 Fatal injuries 37 35 43 39 35 38 38 42
In the analysis of occupational injuries, the most examined is the incidence of occupational injuries given per 100 000 employees. Comparation of occupational injuries in Serbia with those in other countries is burdened by the definition of an occupational injury and many other methodological problems (Graph 22. Incidence of occupational injuries in Serbia per 100 000 employees 2009-2016). However, having in mind all restrictions it is evident that the incidence of occupational injuries in Serbia is in year 2013 and 2014 lower than compared to developed European Countries. In Serbia it is around 950 injuries per 100 000 employees for the given period, and in France over 3000, Germany 1900, Austria, Slovenia and Italy around 1500 (1). Significantly lower incidence is evidenced in Greece, Bulgaria and Romania and is around 100. Incidence of serious occupational injuries in Serbia per 100.000 employees 2009-2016. is presented Graph 23. Graph 22. Incidence of Occupational Injuries in Serbia Per 100.000 Employees 2009-2016. 1400
1200 1173 1102 962 975 1057 941 1000 973 849 800
600
400
200
0 2009 2010 2011 2012 2013 2014 2015 2016
Graph 23. Incidence of Serious Occupational Injuries in Serbia Per 100.000 Employees 2009- 2016. 250
217 210 200 195 175 168 171 160 150 152
100
50
0 2009 2010 2011 2012 2013 2014 2015 2016
Comparing the incidence of occupational fatalities with those of EU countries points that the incidence of occupational fatalities in Serbia is similar to the incidence in the most developed countries in 2013 and 2014. In Serbia it was around 1,5 fatalities per 100.000 employees in that period, and in Sweden, England and Finland it was somewhat below 1. In contrast with it is the data regarding incidence of occupational fatalities in Bulgaria, Latvia, Lithuania and Romania with the incidence registered over 4 per 100.000 employees (1). Graph 24 presents Incidence of Fatal Occupational Injuries in Serbia per 100.000 employees in 2009-2016.
Graph 24. Incidence of Fatal Occupational Injuries in Serbia Per 100.000 Employees 2009- 2016. 2,50 2,34
2,00 1,95 1,72 1,61 1,50 1,39 1,35 1,18 1,16 1,00
0,50
0,00 2009 2010 2011 2012 2013 2014 2015 2016
The number of evidenced occupational diseases decreases every year. In the beginning of 2000s the incidence was over 100 cases per year only to fall below 10 cases per year after 2013, that is 0,5 cases per 100 000 employees. The number of reported occupational diseases to the Occupational Safety and Health Directorate is even lower and in the last year reaches a negligible level. According to data published by the European Commission, the incidence of occupational diseases in EU countries was 37 cases per 100 000 employees in year 2001 (2). A part of this enormous difference can be explained by the difference in normative definitions of this area in Serbia and in EU countries, however the difference is enormous, the incidence of occupational diseases is over 70 times larger in EU countries than in Serbia. The difference is even larger if the data regarding EU countries is compared with the data obtained from Occupational Safety and Health Directorate. Change in the incidence of occupational diseases in Serbia is shown by graph 25 for the period 2000-2016.
Graph 25. Incidence of Occupational Diseases in Serbia In the Period 2000-2016. 250 232 200 205
150 143 100 97 80 82 78 66 50 46 34 41
0 710 3 7 615 213 17 34 17
2006 2014 2000 2001 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2015 2016 SIOH OSHD
6.3 Indicators of effect
Comparation of data regarding the incidence of occupational diseases and injuries in Serbia with those of EU countries shows that the incidence is unrealistically lower in Serbia and on this basis, it is not possible to perceive the real state of occupational safety and health in Serbia. The conducted survey indicates that 40.7% of the respondents believe that the procedure for reporting the injury at work is complicated. The results of the survey are shown in Graph 26. Graph 26. Complexity of Occupational Injury Reporting No opinion 4%
Complicated 41% Complicated Simple No opinion
Simple 55%
6.4 Situation analysis and recommendations
The beforehand shown incidence of occupational diseases and injuries in Serbia is unrealistically low so the first step to improve the state of occupational safety and health in Serbia should be the improvement of data quality. Data collection regarding occupational injuries can be improved very quickly by implementing a software solution that already exists, that is by changing the system of injury registration. Proposed concept predicts that the process of injury report starts with the physician who is the first to observe the injured and not, as was until now, with the employer. In this new concept, the employer would file an occupational injury report in electronic form after the physician has entered the details of the injury. This method would enable the registration of significantly greater number of occupational injuries, for them to be analysed in a quality manner and appropriate preventive measures to be taken accordingly. Improvement of occupational disease registration is a far more complex process because it requires more changes in the system. First, it is required to precisely define who diagnoses an occupational disease and who is charged for their diagnostics. Of course, an update is needed for the list of occupational diseases, an option to determine occupational diseases not on the list, enabling of 2-step authentication of the process. Organization of occupational disease and injury registration process is a basic requirement for occupational disease insurance without whom no maintainable progress is possible in the area of occupational safety and health.
7 BASIC INFORMATION
7.1 Demographic data
According to the official data from Population Census done in 2011 in Serbia there are 7.186.862 inhabitants, of those 3.499.176 (48,69%) are male and 3.687.686 (51,31%) are female. Census results show that the inhabitants of Serbia in 2011 have an average age of 42,2 years. Also, Population Census of Serbia in 2011 shows there were 2.487.886 households and average number of household members is 2,9 (3). As the Republic of Serbia has a negative population growth (-5,6) (4), it is estimated by the National Statistics Institute that there was a population decrease in Serbia in 31/12/2016 compared to 2011, that is the population consists of 7.040.272 inhabitants, of whom 3.429.027 are male, and 3.611.246 are female. A major part of population in Serbia lives in city areas (59,4%) and number of rural populace is in constant decrease (5). Graph 27 shows change of number of inhabitants in Serbia during period 1948 - 2011 as well as migration from rural to city areas. Graph 27. Movement of The Population of Serbia In the Period 1948 - 2011 In Relation to The Place of Residence 10000000 9000000 8000000 7000000 6000000 5000000 4000000 3000000 2000000 1000000 0 1948 1953 1961 1971 1981 1991 2002 2011
Urban Rural
Working age population of the Republic of Serbia is 6.161.584 inhabitants according to 2011 census, of those 2.971.868 are male and 3.189.716 are female. Educational demographics show a predominance of high-school educated population. Of the total working age population, around 10% has a full university education. Educational demographics compared by gender according to 2011 Population Census is shown in Graph 28. Graph 28. Educational Structure of Serbian Population by Sex (Census Data From 2011) 1800
1600
1400 Thousands
1200
1000
800
600
400
200
0 Without Incomplete Elementary Secondary College University Not known school elementary education school education education
Male Female
Labor Force Survey Results for III quarter in 2017 by National Statistics Institute point that, analogously to decreasing number of population there is also a decrease of those categorized as working age population. According to the results of III Quarter Survey in 2017 Serbian working age population counts 5.981.200 inhabitants. This Survey shows that in Serbia 2.881.900 inhabitants are employed, from which 2.253.500 are formally employed and 628.400 informally. According to Labor Force Survey it is understood that the rate of informally employed is 21,8. Survey results show that the greatest percentage of unemployment is in the youngest population groups. It is necessary to keep in mind that the Labor Force Survey includes both formally and informally employed so that the fact of high-unemployment of the youngest population groups points even more to a problem of this population group. Age and Education demographics of Serbia’s working age population (31/12/2015) are shown in Table 13. The greatest number of informally employed belongs to a category of household assistants and independent businessmen without employees, also a major part of them being in rural areas so it can be assumed that they are agriculturists. In the group of informally employed there is a predominance of elementary educated inhabitants. Labor Force Survey results according to professional status, education, profession, gender and settlement type in IV quarter of 2015 are shown in Table 14.
Table 13. Age and Qualification Distribution of Serbian Working Age Population (Labor Force Survey 2015.).
Total (thousands)
Total (thousands) Total
Active Employed Unemployed Inactive Total population above 15 years 6039,3 3135,6 2580,8 554,8 2903,7 Age groups 15–24 768,6 232,1 127,8 104,3 536,5 25–34 934,8 744,4 568,4 176,0 190,4 35–44 980,3 835,6 712,5 123,1 144,7 45–54 953,4 747,4 651,7 95,8 206,0 55–64 1079,0 461,6 407,4 54,2 617,4 65+ 1323,2 114,4 113,1 / 1208,8 Education Without education 105,7 (10,5) (8,1) 2,3 95,2 Elementary school 1706,9 512,5 435,1 77,4 1194,5 Secondary school 3125,1 1845,6 1483,1 362,5 1279,5 University 1101,6 767,1 654,6 112,5 334,5
Table 14. Distribution of Formally and Informally Employed Population According to Employment Type, Education, Occupation, Sex and Type of Settlement (IV Quartal 2015.) Total Settlement type
(thousands) (thousands)
(thousands) Total
Male Female Urban Rural Employed – total 2580,8 1470,7 1110,1 1492,9 1087,9 Formally employed 2053,5 1173,2 880,3 1333,9 719,6 Employment Type
Employees 1683,2 885,2 798,0 1168,6 514,6 Entrepreneurs with employees 92,1 69,1 23,0 65,0 27,0
Entrepreneurs without employees 278,3 218,9 59,4 100,2 178,0 Education level Without education / / - / / Elementary school 222,9 150,5 72,4 63,7 159,1 Secondary school 1209,9 739,7 470,3 745,7 464,2 University 619,0 281,7 337,3 523,8 95,2
Informally employed 527,3 297,5 229,8 159,0 368,3 Employment Type Employees 119,2 77,6 41,6 68,1 51,1
Entrepreneurs with employees / / - / / Entrepreneurs without employees 195,8 152,7 43,1 64,5 131,3
Entrepreneur`s family members- 210,1 65,2 144,9 25,1 185,0
Education level Without education (6,4) / (4,3) / (5,1) Elementary school 212,2 98,0 114,2 29,1 183,1 Secondary school 273,1 178,0 95,1 106,5 166,6 University 35,6 19,4 16,2 22,1 (13,5) Total Settlement type
(thousands) (thousands)
(thousands) Total
Male Female Urban Rural Rate of informal employment 20,4 20,2 20,7 10,7 33,9
Occupations Managers 100,9 69,5 31,4 82,7 18,2 Professionals 337,1 142,5 194,7 286,5 50,6 Technicians and associate 304,5 140,0 164,5 236,6 67,9 professionals
Clerical support workers 188,2 70,3 117,9 143,2 45,0
Service and sales workers 399,3 190,2 209,1 261,9 137,4 Skilled agricultural, forestry and 482,6 301,3 181,2 55,5 427,1 fishery workers Craft and related trades workers 299,1 244,3 54,7 171,7 127,4 Plant and machine operators and 215,9 176,1 39,8 119,1 96,8 assemblers Elementary occupations 232,2 116,2 116,0 119,7 112,5 Military occupations 21,1 20,2 / (16,1) (5,0)
7.2 Economic data
According to Serbian Business Registers Agency (conclusive with 01/03/2018) in Serbia there are registered 144.343 enterprises, 243.215 individual entrepreneurs, 31.118 associations, 70 foreign associations, 567 tourist agencies, 13.914 associations, affiliations and alliances in the area of sports and 15 chambers. National Statistics Institute data are significantly discrepant with these number because their publications are somewhat late and because their publications relate only to active business subjects. According to National Statistics Institute data (conclusive with 31/12/2015) in Serbia there are registered 125.565 enterprises, 217.293 individual entrepreneurs, 26.842 associations, 12 828 cooperatives, affiliations and alliances in the area of sports as well as 17 chambers (6). The greatest number of legal subjects is carrying out retail and wholesale. This area is dominated by micro and small firms. Legal subjects dealing with manufacturing hire the greatest number of workers, and the majority of them are employed by big companies. Tables 15 and 16 show the number of business subjects according to area, size and number of employees. Table 15. The Number of Business Subjects According to Sections of Economic Activities and Size (2015)
Size of business subjects
-
Total -
9)
-
Micro (0 Micro Small (10 49) (50 Middle 249) Big+) (250 Republic of Serbia 86138 74446 9127 2084 481 Mining and quarrying 320 249 46 15 10 Manufacturing 16391 12761 2570 849 211 Electricity, gas, steam and air 761 684 44 27 6 conditioning supply Water supply, sewerage, waste management and remediation 864 554 150 133 27 activities Construction 7293 6254 809 192 38 Wholesale and retail trade; repair of 32196 28941 2787 390 78 motor vehicles and motorcycles Transportation and storage 5232 4440 640 118 34 Accommodation and food service 3123 2652 403 64 4 activities Information and communication 4336 3765 460 89 22 Real estate activities 1043 973 51 18 1 Professional, scientific and technical 11416 10446 846 114 10 activities Administrative and support service 3163 2727 321 75 40 activities
Table 16. The Number of Employed According to Sections of Economic Activities and Size (2015)
Size of business subjects
-
Total -
9)
-
Micro (0 Micro Small (10 49) (50 Middle 249) Big+) (250 Republic of Serbia 1025273 208746 181933 215874 418720 Mining and quarrying 25767 599 1056 1707 22405 Manufacturing 324271 36638 54304 88512 144817 Electricity, gas, steam and air 29366 1063 1092 2939 24272 conditioning supply Water supply, sewerage, waste management and remediation 36987 1563 3700 16337 15387 activities Construction 72379 16347 16431 19932 19669 Wholesale and retail trade; repair of 233881 81049 52363 38413 62056 motor vehicles and motorcycles Transportation and storage 100122 13868 13023 11870 61361 Accommodation and food service 24472 7949 7933 6334 2256 activities Information and communication 50670 10268 8823 9182 22397 Real estate activities 5393 2159 1011 1971 252 Professional, scientific and technical 63482 29751 15632 11084 7015 activities Administrative and support service 58483 7492 6565 7593 36833 activities
The economy of the Republic of Serbia achieves a gross domestic product of 40 billion dollars, less than 6000 dollars per inhabitant. Gross domestic product has significant oscillations in the past ten years (Table 17. Republic of Serbia Gross Domestic Product 2008-2017)
Table 17. Republic of Serbia Gross Domestic Product 2008-2017. 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
GDP – 49223 42684 39370 4646 4067 4551 4414 3714 3829 4153 total mill ,7 ,6 ,4 3,7 5,9 2,1 3,1 5,7 5,6 1,9 USD GDP–per capita 6697 5831 5400 6421 5648 6351 6190 5235 5426 5899 USD GDP growth 5,4 -3,1 0,6 1,4 -1,0 2,6 -1,8 0,8 2,8 1,9 (%)
7.3 Healthcare statistics
According to World Health Organization data, as in most countries, the life expectancy of females in Serbia is longer than for males. According to data from 2014 the life expectancy is 78 years for females and 73 for males. Life expectancy has risen by 3 years in the last ten years. Particularly, for the year of 2004 it was estimated that the average life expectancy is 75 years for females and 73 for males. Also, the number of physicians has risen per 100.000 inhabitants and is 307 in 2014 compared to 270 in 2004. Healthcare budget has increased, and in the year 2014 it is estimated to 10% GDP and in 2004 it was 6.05% GDP. Standardized mortality rate in Serbia for year 2014 is 887 cases per 100.000 and the main causes of death are cardiovascular diseases (449 cases per 100.000 inhabitants) and malignant diseases (199 cases per 100.000 inhabitants). Table 18. Presents basic health statistics data of Republic of Serbia.
Table 18. Republic of Serbia Basic Health Statistics Indicator Year Value % of population aged 0–14 years 2014 14 % of population aged 65+ years 2014 18 Crude death rate per 1000 population 2014 14 Estimated infant mortality per 1000 live 2015 6 births (world health report) Hospital beds per 100 000 2014 552 Incidence of tuberculosis per 100 000 2014 25 Life expectancy at birth (years) 2014 75 2014 78 Life expectancy at birth (years), females 2014 73 Life expectancy at birth (years), males Live births per 1000 population 2014 9 Physicians per 100 000 2014 307 2014 887 Standardised death rate all causes, all ages, per 100 000 Indicator Year Value 2014 449 Standardised death rate diseases of circulatory system, all ages, per 100 000 2014 34 Standardised death rate external causes of injury and poisoning, all ages, per 100 000 2014 199 Standardised death rate malignant neoplasms, all ages, per 100 000 Total health expenditure as % of GDP, 2014 10 WHO estimates World Health Organization data
8 Conclusions and recommendations for implementing occupational safety and health
Based on the conducted analysis of the system of occupational safety and health in the Republic of Serbia, the following can be concluded: • The occupational safety and health system is based on international standards (EU and ILO). The Republic of Serbia has ratified or confirmed a large number of ILO conventions and transposed a number of EU directives on occupational safety and health in national legislation. • International standards have largely been implemented in terms of preventative measures and the process of development of institutional frameworks. This is also confirmed by the results of the survey conducted. • Apart from legislative which is close to European standards, the implementation of regulations is still not at a satisfactory level, especially in small and medium-sized enterprises. • Although there is a legal framework on which employees could obtain rights from occupational injury and/or occupational disease, it is still not fully implemented in the acts regulating compensations. • The Republic of Serbia has recognized the need to form a special organ – Occupational Safety and Health Directorate within the Ministry of Labor, Veterans' and Social Affairs, which transposes the EU directives in this area. • The Labor Inspectorate, based on the results of the survey and the review of the report, improved its field work organizationally and functionally, especially in 2017, but still there are challenges in the fields of administrative and technical capacities and resources. • One of the pillars of occupational safety and health-Occupational health is not sufficiently integrated in the occupational safety and health system, especially legislatively, organizationally and functionally. • Proficient personnel for occupational safety and health, as well as external services performing occupational safety and health, are based on Serbia's safety and health system. There are challenges in the status of a proficient personnel for occupational safety and health within the enterprise as well as challenges on their competences to perform occupational health and safety activities. Also, there is a question of better supervision of the work of external services performing occupational safety and health. • Judicial bodies, from the point of view of punitive policy, do not adequately follow implementation of the occupational safety and health measures. • There is a lack of scientific and research activities in the area of occupational safety and health at all levels. • Though issues of occupational safety and health are embedded in most of the plans and programs, they lack practical (formal and informal) implementation in most educational profiles. • While there is a legal obligation for continuous professional development of proficient personnel for occupational safety and health, there is a lack of their register and a precisely structured system for their relicensing. • The spectrum of educations in the area of occupational safety and health is narrow and, at the same time, there is no system of their accreditation. • While there is a growing number of associations in the field of occupational safety and health, there is plenty of room for increasing their impact on this area. • Civil society and social partners participate in the adoption of regulations and decisions in the area of occupational safety and health at the state level but their impact on employers' level is limited. • The role of occupational safety and health employees' representatives is not sufficiently implemented at the employer level. • Promotional activities in the field of occupational safety and health are at a high level but within occupational health and safety expert community. Unfortunately, these activities are not sufficiently present in the media, which is one of the findings of a survey conducted. • The registration of occupational injuries and occupational diseases is not at the level of international standards.
Based on the conducted analysis of the system of occupational safety and health in the Republic of Serbia, the following recommendations are made: • It is necessary that the Republic of Serbia continues to transpose EU legislation on occupational safety and health and to continue ratification and confirmation of the ILO conventions. It is also necessary to increase the participation of civil society organizations in these processes. • Improve the implementation of regulations on occupational safety and health in micro, small and medium-sized enterprises in cooperation with all subjects including civil society organizations, by introduction of new tools, guides, guidelines, • It is necessary to reform the registration and insurance system of occupational injuries and occupational diseases. • Improve labor inspection administrative and technical capacities as well as their resources. • Reform the organizational and functional role of occupational health in the occupational safety and health system. • Through improvement of the competences of proficient personnel for occupational safety and health expand their role and status within the enterprise. • Through the education of the magistrates and prosecutor's in the area of occupational safety and health, improve their cooperation with the labor inspection in order to better implement regulations in this field. • To stimulate scientific and research work in the area of occupational safety and health through special funds. Also, stimulate the cooperation of the University with employers in order to transfer new technologies from this area to production processes. • Education of elementary and secondary school teachers to improve the implementation of practical teaching on occupational safety and health. • It is necessary to establish an accreditation body within the National Occupational Safety and Health Council or within the Ministry of Labor, Veterans' and Social Affairs, which will evaluate the quality and accredit training programs in the field of occupational safety and health, which will be the basis for relicensing. • Within the Occupational Safety and Health Act define profile of proficient personnel for occupational safety and health as well as their competences based on their education. • It is necessary to systematically regulate the role of civil society organizations and social partners in the system of occupational safety and health, thus increasing their impact on solving issues in this area. • By amending the Act, stimulate employers to enable greater participation of employee’s representatives in resolving occupational safety and health issues. • Provide special education for media representatives in the field of occupational safety and health to increase their interest in this area. • Organize special promotional activities in the field of occupational safety and health through collaboration of the Occupational Safety and Health Directorate and the Labor Inspectorate with employers, social partners, including civil society organizations.
9 Literature 1. EUROSTAT. Accidents at work statistics [Internet]. Available from: http://ec.europa.eu/eurostat/statistics- explained/index.php/Accidents_at_work_statistics 2. Anonymous. Occupational Diseases in Europe in 2001. 2004. 3. Republički zavod za Statistiku RS. Popis 2011 [Internet]. Available from: http://popis2011.stat.rs/?lang=cir 4. Republički zavod za Statistiku RS. Procena stanovnistva za 2016. godinu [Internet]. Available from: http://www.stat.gov.rs/WebSite/Public/PageView.aspx?pKey=162 5. Republički zavod za Statistiku RS. Uporedni pregled broja stanovnika 1948, 1953, 1961, 1971, 1981, 1991, 2002 i 2011. godine [Internet]. Available from: http://popis2011.stat.rs/?page_id=2162 6. Republički zavod za Statistiku RS. No Title [Internet]. Strukturne poslovne statistike 2017. Available from: http://www.stat.gov.rs/WebSite/repository/documents/00/02/64/83/08- Strukturne_poslovne_statistike.pdf www.project-balcanosh.net