09/08/2013 RAP/RCha/BGR/11(2013) EUROPEAN SOCIAL CHARTER 11th National Report on the implementation of the European Social Charter submitted by THE GOVERNMENT OF BULGARIA (Articles 3, 11, 12, 13 and 14) for the period 01/01/2008 – 31/12/2011) __________ Report registered by the Secretariat on 9 August 2013 CYCLE 2013 3 ELEVENTH NATIONAL REPORT For the period January 1st 2008 — December 31st 2011 Submitted to the Council of Europe by the Government of the Republic of Bulgaria in accordance with article “C” of the European Social Charter (revised) regarding the measures for the implementation of the adopted provisions thereof. 4 Content: Introduction......................................................................................................................... p. 3 ESC (r) provisions Article 3 — The right to safe and healthy working conditions...................................... р. 4 -Article 3, paragraph 1; -Article 3, paragraph 2; -Article 3, paragraph 3; -Article 3, paragraph 4; Article 11 — The right to protection of health.....................................................................р. 21 -Article 11, paragraph 1; -Article 11, paragraph 2; -Article 11, paragraph 3; Article 12 — The right to social security.......................................................................р. 47 -Article 12, paragraph 1; -Article 12, paragraph 3; Article 13 — The right to social and medical assistance....................................................р. 74 -Article 13, paragraph 1; -Article 13, paragraph 2; -Article 13, paragraph 3; Article 14 — The right to benefit from social welfare services.....................................р. 114 -Article 14, paragraph 1; -Article 14, paragraph 2; 5 Introduction This Report was prepared after consultation and cooperation with the competent authorities. In accordance with Article S of the ESC(r), the Report was agreed with the national representative organizations of employers, employees and workers. The Report contains information on the implementation of the following ESC(r) provisions: Article 3, paragraphs 1—4, Article 11, paragraphs 1—3, Article 12, paragraphs 1 and 3, Article 13, paragraphs 1—3 and Article 14, paragraphs 1—2. The Bulgarian national currency is lev and its exchange rate is fixed to the euro at 1,95583 lev per 1 euro (0,511292 euro per 1 lev). The Bulgarian country remains available for any additional questions or clarifications that could arise in the process of review of this Report. 6 Article 3 – The right to safe and healthy working conditions With a view to ensuring the effective exercise of the right to safe and healthy working conditions, the Parties undertake, in consultation with employers’ and workers’ organisations: 1. to formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. The primary aim of this policy shall be to improve occupational safety and health and to prevent accidents and injury to health arising out of, linked with or occurring in the course of work, particularly by minimising the causes of hazards inherent in the working environment; 2. to issue safety and health regulations; 3. to provide for the enforcement of such regulations by measures of supervision; 4. to promote the progressive development of occupational health services for all workers with essentially preventive and advisory functions. Appendix to Article 3§4 It is understood that for the purposes of this provision the functions, organisation and conditions of operation of these services shall be determined by national laws or regulations, collective agreements or other means appropriate to national conditions. Information to be submitted Article 3§1 1) Please describe the national policy on occupational health and safety and the consultation with employers’ and workers’ organisations in formulating this policy. Please specify the nature of, reasons for and extent of any reforms. Safety and health at work is one of the priorities of Bulgaria’s social policy. It is focused on protection of health, work capacity and life of workers. Safety and health at works policy complies with: - The Lisbon Strategy on synergy between policies for achieving economic growth, creating quality jobs, modernizing social protection and promoting sustainable development, hence for reconsideration of working conditions, work organization and the possibilities for combining lifelong learning and work; - The European Strategy on safety and health at work, which focuses on promoting the ensuring of “welfare at work”; and - International Labour Organization’s Global Strategy which equates decent work and safe work and calls for fair globalization. Following the main guidelines and principles of the aforesaid strategic documents, the activities for providing safe and health at work are focused on: promoting the ensuring of “welfare at work”; improving protection culture of workers and development of the prevention system with the means of: improvement of legislation, training and education, social 7 dialogue, common social responsibility, economic initiatives, partnering between all involved in the working process; exercising of comprehensive and effective integrated control on the compliance with the employment legislation; providing of quality training in the field of safety and health at work; expanding the infrastructure of services for consultations and support of employers and improving the quality if this activity; developing benefit systems and insurance and the effective incorporation of these in the efforts for provision and maintenance of safety and health at work in enterprises. For the successful development of the activity on safety and health at work when working under the Safety and health at Work Act, fundamental rights, duties and responsibilities have been set for all participants in the working process: the State, the employers, the workers, the self-employed persons who work alone or in partnership with others, as well as other organizations and legal entities. Employers bear all responsibility for providing safety and health for workers and employees. Workers and employees, on the other hand, are obligated to look after their own safety and health, as well the safety and health of other people that may be affected by their activity, and to assist the employers and the relevant officials in the implementation of measures for ensuring safety and health at work. As a result from the targeted policy of the government and the social partners, a significant progress has been made with regard to providing safety and health at work for workers: 1. A system of regulations, specific requirements and duties that creates a real base for implementation of the principles of single European market has been set for the providing of safety and health at work. 2. Norms which ensure that the products released on the market do not endanger the life and health of people, safety of domestic animals, interests of customers and environments were introduced. 3. Rules for the protection of customers from endangering good, as well as duties for anyone engaged in trade, advertising and mediation were stipulated. 4. A national mark — “CO” — for products conformity was established. The use of the European conformity mark “CE” as a guarantee for quality and safety is regularized by law. 5. Minimum requirements for the providing safety and health for workers were set for employers. A base was established for management and planning of activities for the providing of safety and health at work on the grounds of assessment of occupational hazards. The risk assessment also includes psycho-social risks. 6. The provision of medical supervision for workers and employees, as well as provision of necessary information and adequate training in line with the nature of the work conducted and workers' qualifications are obligatory. 7. A system for determining of differentiated social security contributions in cases of accidents at work and occupational diseases according to the risk levels in the different economic sectors is operating. It is aimed at fair distribution of social security burden among employers and motivation for safety and health at work. 8 8. All employers are obligated to insure for accidents at work risk their workers and employees performing any economic activity whose rate of frequency and severity of accidents at work equals or surpasses the average rates for the country. 9. The basic requirements of EU and the International Labour Organization for the establishing of single were put in place for the establishing of uniform state control. The overall control over the conformity with the labour legislation is carried out by Executive Agency “General Labour Inspectorate” (EA GLI) with the Minister of labour and social policy. 2) Please indicate the measures taken (administrative arrangements, programmes, action plans, projects, etc.) to implement the national policy in consultation with employers’ and workers’ organisations. On June 26th 2008 the Government of the Republic of Bulgaria adopted a Strategy on safety and health at work which sets the priority lines of action and activities in the area of safe and healthy working conditions for the period until 2012. The strategy follows the guidelines for development of EU safety and health at work policy, outlined in “Community Strategy on safety and health 2007—2012”. It engages the state authorities, the workers’ and employers’ organizations in the implementation