LAWON OCCUPATIONAL SAFETY AND HEALTH("Off. Herald of the RS", No. 35/2023) |
Article 1
This Law shall regulate improvement and implementation of occupational safety and health measures for the persons taking part in work processes, as well as for the persons who happen to be in the working environment, for the purpose of preventing occupational injuries, occupational diseases and work-related diseases, the general principles of prevention, the rights of special groups of employees, the obligations of employers, the rights and obligations of employees, information, consultation, cooperation and training of employees and employee representatives for occupational safety and health, the Register of Occupational Injuries, the professional examinations, issuing of licences, supervision and penal provisions.
The Occupational Safety and Health Administration (hereinafter referred to as: the Administration), as an administration authority within the Ministry in charge of labour, shall perform, in compliance with this Law and the regulations passed on the basis of this Law, the state administration activities in the field of occupational safety and health.
Article 2
The rights, obligations and responsibilities of the employers and employees, the competences and the measures the application i.e. the implementation of which shall ensure occupational safety and health shall be exercised in compliance with this Law and the regulations passed on the basis of this Law.
This Law shall apply to the state authorities, authorities of the Autonomous Provinces, authorities of the local self-government units, companies, and other legal and natural persons, in all business activities.
This Law shall not apply to performance of activities in the fields of defence and police activities and the activities of protection and rescue and other internal affairs which are directly related to the police activities within the scope of competence of the relevant state authority, or to the activities of protection and rescue performed by other entities in compliance with a special law, where individual issues of occupational safety and health when performing that service and these activities are regulated by a special law and regulations passed on the basis of that law.
Regulation of rights, obligations and responsibilities
Article 3
The rights, obligations and responsibilities relating to occupational safety and health, which are laid down by this Law, shall be regulated in more detail by a collective agreement, rulebook on occupational safety and health or by an employment rulebook (hereinafter referred to as: the general act), i.e. by the employment contract.
Article 4
The individual terms used in this Law shall have the following meanings, and specifically:
1) Employee shall mean a natural person employed with an employer, as well as a person performing work on any legal basis or getting trained for work with an employer, other than the persons performing the jobs of domestic workers with an employer;
2) Self-employed person shall mean a natural person pursuing an economic or another business activity, and specifically:
(1) Sole trader that independently pursues an economic or another business activity and does not employ or hire other persons,
(2) Head or a member of a family farm, who performs work with the members of the family agricultural holding in accordance with the regulations concerning agriculture;
3) Employer shall mean a legal person, sole trader or a natural person that employs i.e. hires one or more persons, other than the natural persons working in the household and the holder of a family farm who works with the members of the family agricultural holding in accordance with the regulations concerning agriculture;
4) Employee representative for the occupational safety and health (hereinafter referred to as: employee representative) shall mean a person chosen or appointed represent employees in the field of occupational safety and health with an employer;
5) Occupational safety and health shall mean provision of such working conditions that will, to the greatest extent possible, reduce occupational injuries, occupational diseases and work-related diseases with the aim of achieving physical, mental and social wellbeing of employees;
6) Prevention shall mean the basic principle of occupational safety and health the objectives of which shall be: development and strengthening of the mechanisms for preventing occurrences of occupational injuries, occupational illnesses and illnesses related to work and creating conditions for continuous improvement of the field of occupational safety and health, and which shall include the culture, policy, activities and measures;
7) Preventive measures shall mean all the actions or activities taken or planned in all the phases of work for an employer with the aim of preventing or reducing risks at workplace;
8) Worksite shall mean a space in the open where works are performed in accordance with the study on regulation and performance of works, in compliance with the regulations on occupational safety and health;
9) Excavation work shall mean work when making excavations deeper than one metre or embankments higher than one metre;
10) Work at height shall mean work performed by an employee using supports at a height of two and more metres from the solid ground where the working space is not protected from falling from height;
11) Workplace shall mean the tasks performed by the employee in working environment in which he stays or to which he has access during work and which are under direct or indirect control of the employer;
12) Working environment shall mean the space in which an employee performs jobs (which shall include workplaces, working conditions, work procedures and means for work) or is located in the course of work, which is under direct or indirect control of the employer;
13) Means for work shall mean:
(1) A facility used as a working and auxiliary space, including an outdoor facility, inclusive of all the accompanying installations (fluid piping, heating, electrical and lightning installations, etc.),
(2) Equipment for work (a machine, device, plant, installation, tool, etc.) used in the work process,
(3) Structure and facility for collective occupational safety and health (guardrails at crossings, passages and entries, thermal and other radiation shields, protection against electric shock, general ventilation and air-conditioning, and similar),
(4) Appurtenant structure and facility, as well as a structure and a facility used temporarily for work and movement of employees (scaffolding, working platform, tunnel shoring, deep trench shoring, and similar),
(5) Other means used in the work process or in any other way associated with the work process;
14) Hazard shall mean a circumstance or state with the potential to cause harm to the health of an employee or injure him;
15) Hazardous agent shall mean a characteristic or property that may jeopardize the employee’s health;
16) Hazardous occurrence shall mean an event posing or potentially posing threat to employee’s life and health or involving the danger of injuring him;
17) Serious, unavoidable and imminent danger shall mean a concrete, actual and existing danger that, according to the current scientific and technical knowledge, cannot be excluded i.e. limited;
18) Risk shall mean the probability of occurrence of an injury, disease or damage to employee’s health due to the exposure to dangers or hazardous agents;
19) Risk assessment shall mean a systematic recording and assessment of all dangers and hazardous agents in the process of work in a workplace which can cause the occurrence of occupational injuries, diseases or impairments of health and establishing the possibility, i.e. ways of preventing, eliminating or minimizing the risks to the smallest possible extent;
20) Risk assessment act shall mean an act comprising a description of the work process with an assessment of risk from injuries and/or impairments of health when performing all the jobs in a working environment and the measures for eliminating or reducing the risks for the purpose of improving occupational safety and health;
21) Workplace involving increased risk shall mean a workplace at height, workplace in the depths, workplace in vehicle operation and internal transport (forklifts, cranes, conveyors, construction and agricultural machines and similar) and another workplace laid down by the employer’s risk assessment act, at which, despite the completely applied measures in compliance with this Law, there are circumstances that may jeopardize the employee’s safety and health;
22) Work from home shall mean the work performed by the employee by using the information and communications technologies for an employer from the place of domicile, i.e. temporary residence or from another place of living, which is not under direct control of the employer;
23) Distance work shall mean the work performed by the employee by using the information and communications technologies from a space which is not the employer’s space and which is not under direct control of the employer;
24) Advisor for occupational safety and health shall mean the expert person performing the tasks of occupational safety and health, possessing the adequate level of qualifications, who has passed the relevant professional examination, is licensed to perform the activities of an occupational safety and health counsellor and who is appointed by the employer by means of a written act for performance of these tasks;
25) Associate for occupational safety and health shall mean an expert person performing the occupational safety and health activities in the businesses referred to in Article 47, paragraph 1 of this Law, possessing the adequate level of qualifications, who has passed the relevant professional examination, is licensed to perform the activities of an occupational safety and health associate and who is appointed by the employer by means of a written act for performance of these activities;
26) Legal person performing the activities of inspections and checking of equipment for work and inspections and testing of electrical and lightning installations, testing of working environment conditions, i.e. chemical and physical hazardous agents (other than the ionising radiation), microclimate and illumination, testing of working environment conditions - biological hazardous agents shall mean a legal person to which the Minister in charge of the labour-related activities has issued the licence, in compliance with this Law;
27) Legal person or sole trader performing the occupational safety and health activities shall mean a legal person or a sole trader to which the Minister in charge of the labour-related activities has issued the licence, in compliance with this Law;
28) Medical institution engaging in occupational health-care shall mean the health-care provider, to which an employer entrusts performance of the activities of prevention and protection of employees’ health, in compliance with the law;
29) Expert finding shall mean the report on a completed inspection and checking of equipment for work and inspection and testing of electrical and lightning installations or testing conditions of the working environment inclusive of a conclusion on whether the prescribed occupational safety and health measures have been applied or not;
30) Person responsible for performing inspections and checking of equipment for work and inspections and testing of electrical and lightning installations, testing conditions of the working environment, i.e. chemical and physical hazardous agents (other than the ionising radiation), microclimate and illumination and testing conditions of the working environment - biological hazardous agents, as well as for signing of expert findings shall mean the person licensed for the performance of these activities (hereinafter referred to as: the responsible person);
31) Licence shall mean the authorisation issued by the Minister in charge of the labour-related activities to a legal or natural person for performance of specific tasks in the field of occupational safety and health, in compliance with this Law;
32) Language that employee can understand shall mean a mother tongue, a language that is in official use in the territory in which the employer has the seat, i.e. in which the employee performs the duties and that the employee can speak, read and write, as well as the language which has been set as a prerequisite for the job in the workplace concerned;
33) Register of occupational injuries shall mean a single, electronically kept database on occupational injuries, which shall be kept based on the reports on occupational injuries;
34) Register of licences shall mean a single, electronically kept database on the issued, renewed and revoked licences in compliance with this Law.
The terms used in this Law in grammatical masculine gender shall include the natural masculine and feminine gender of the persons to which they pertain.
Right to occupational safety and health
Article 5
The following shall have the right to occupational safety and health:
1) The persons employed and the persons hired outside of employment;
2) The self-employed persons;
3) The pupils and students who are, in accordance with the law, attending the mandatory production work, practical vocational training or practical classes or work-based learning within the system of dual education;
4) The persons who are volunteers, in compliance with the law;
5) The persons who are, in compliance with the law, performing temporary or occasional jobs through a youth, i.e. student employment agency;
6) The persons referred to attending additional education and training under a referral of the holder of employment activities;
7) The persons participating in public works organized for a common interest;
8) The persons serving prison sentences for the duration of their work in the industrial units of a penitentiary institution (workshop, worksite, etc.) and in other places where they perform work;
9) The persons who perform work with an employer in compliance with special laws;
10) The persons who get to be in a work environment, if the employer is aware of their presence.
Occupational safety and health for the persons referred to in paragraph 1, items 1), 3), 5) and 10) of this Article shall be provided by the employer, while the persons referred to in item 2) of this Article shall provide it by themselves; for the persons referred to in item 4) of this Article it shall be provided by the organizer of volunteering, for the persons referred to in item 6) of this Article by the organizer of training i.e. by the employer with which the training is realized, in accordance with the law, for the persons referred to in item 7) of this Article by the organizer of works, for the persons referred to in item 8) of this Article by the penitentiary institutions, and for the persons referred to in item 9) by the holder of the obligation laid down in compliance with special laws.
Rights of specific employees groups
Article 6
The special rights, obligations and measures associated with occupational safety and health of the young people (particularly in connection with their mental and physical development), women working at workplaces involving increased risk that could affect their childbearing capacity, persons with disabilities and employees suffering from occupational diseases shall be regulated by this Law and another law, other regulations, collective agreements, rulebooks on occupational safety and health or rulebooks on employment and employment contracts.
Article 7
The preventive measures associated with occupational safety and health shall be provided by applying modern technical, ergonomic, health-related, educational, public welfare, organisational and other measures and means of averting the risks of injury and impairment of employees’ health, and/or minimizing thereof, in the process of:
1) Designing, construction, use and maintenance of the facilities intended to serve as working and auxiliary premises, as well as the facilities intended for outdoor work for the purpose of providing safe work process;
2) Designing, construction, use and maintenance of a work process with all supporting work equipment, for the purpose of safe work done by employees or for the purpose of adjusting the chemical, physical and biological hazardous agents, microclimate and illumination at workplaces or in work and auxiliary premises to the prescribed measures and standards for the activity performed at such workplaces and in such work premises;
3) Designing, manufacturing, use and maintenance of work equipment, structures and facilities for collective occupational safety and health, appurtenant structures and facilities and other means used in or associated with the work process in any manner whatsoever, so that during their use the occupational injuring and impairing of employees’ health are prevented;
4) Production, packing, transport, storage, use and destruction of chemical substances, in the manner and in accordance with the regulations and rules eliminating the possibility of the employees getting injured or their health being impaired;
5) Designing, production and use of personal protective equipment, the use of which reduces the risks which could not be eliminated by applying the relevant preventive measures;
6) Education, instruction, professional and vocational training in the field of occupational safety and health.
The preventive measures to be applied in the procedures referred to in paragraph 1 of this Article shall be prescribed by the Minister in charge of the labour-related activities, while the preventive measures associated with occupational safety and health of the young people shall be applied in agreement with the Minister in charge of youth-related activities, and the preventive measures for the employed women working during pregnancy, after giving birth and those who are breastfeeding their children – in agreement with the Minister in charge of health-related activities.
III OBLIGATIONS AND RESPONSIBILITIES OF THE EMPLOYER
Obligations to Rights Ratio
Article 8
The obligations of the employer, within the meaning of this Law and the regulations passed on the basis of this Law, shall also be the rights of the employees with regard to the implementation of the occupational safety and health measures.
The employees’ obligations in the field of occupational safety and health shall not affect the principle of the responsibility of the employer.
Employer’s responsibility
Article 9
An employer shall ensure and implement preventive occupational safety and health measures in compliance with this Law and regulations passed on the basis of this Law.
An employer shall ensure employee’s safety and health in all activities of the employer and at all the levels of organisation of work and process of work.
An employer shall not be relieved of the obligations and responsibilities in connection with the application of occupational safety and health measures by enlisting a licensed legal person i.e. sole trader or another licensed person or by transferring his obligations and responsibilities to these persons.
In case of occurrence of an occupational injury due to a natural disaster, serious, unavoidable and imminent danger which are beyond control of the employer or due to some extraordinary events the consequences of which could not have been avoided despite the exercise of all due care by the employer, the employer shall not be liable within the meaning of this Law.
Adjusting the work process
Article 10
An employer shall:
1) Adjust the work process in respect of occupational safety and health to the employee’s capabilities;
2) Ensure adequate conditions of working environment;
3) Ensure that the means for work and the personal protective gear are adequate, that they do not jeopardize safety and health of the employee.
Employer shall, on the occasion of planning and introducing new technologies, consult the employees and/or employees’ representatives as regards the issues of the choice of work equipment, work conditions and the work environment and the consequences thereof to the safety and health of the employees.
Employer shall take measures and ensure that only those employees issued with relevant instructions and permissions for work have access to the zones in which serious, unavoidable or imminent danger is present or a hazardous agent that can jeopardize the employee’s health.
Employer’s financial obligations
Article 11
Employer shall ensure that the employee or the employees’ representative bears no financial costs in order to implement occupational safety and health measures.
Organising work and work process
Article 12
Employer shall, on the occasion of organising work and work process, ensure preventive measures for the purpose of protecting employees’ lives and health, including provision of information and training to employees, as well as to provide the required financial means for their application.
Employer shall ensure preventive measures before the employee starts working and during work, by selecting the work and production methods whereby occupational safety and health will be ensured.
Employer shall adjust the preventive measures referred to in paragraph 1 of this Article by taking into account any change of circumstances with the aim of improving the existing condition.
Principles of prevention
Article 13
The preventive measures shall be provided by the employer, starting from the following principles:
1) Avoiding risks;
2) Evaluating the risks which cannot be avoided in the workplace;
3) Eliminating the risks at their source by applying the modern technical solutions;
4) Adapting the work and the workplace to the employee, especially as regards the choice of equipment for work and the work method, as well as the choice of the technological process in order to alleviate monotonous work and work at a predetermined pace, with a view to reducing their effect on employee’s health;
5) Adapting to technical progress;
6) Replacing anything dangerous at a workplace in the working environment with something harmless or less dangerous;
7) Developing a coherent prevention policy which covers technology, organization of work, work conditions, relations in a work process and the impact of factors related to the work environment;
8) Giving priority to collective measures of occupational safety and health over individual ones;
9) Adequate training of employees for safe and healthy work and issuing instructions for working safely.
General act and Employment Contract
Article 14
Employer shall lay down the rights, obligations and responsibilities in the field of occupational safety and health by means of a general act.
The employer having up to ten employees may lay down the rights, obligations and responsibilities referred to in paragraph 1 of this Article by means of the employment contract i.e. by means of another contract in compliance with the regulation governing labour.
Obligations of the Employer
Article 15
Employer shall:
1) Designate by means of a written act an advisor, i.e. an associate for occupational safety and health;
2) Assign jobs to an employee in the workplace and in the working environment in which the occupational safety and health measures have been implemented;
3) Notify the employees and the employees’ representatives of the dangers and hazardous agents that may lead to occupational injuries and impairments of health which occur through the introduction of new technologies and means for work, and to pass adequate instructions for safe and healthy work in such cases;
4) Train the employees for safe and healthy work;
5) Provide the use of personal protective equipment for the employees in compliance with the risk assessment act;
6) Provide that the means for work and personal protective equipment are kept, by means of maintenance, in good working condition and that the means for work and personal protective equipment on which any changes occur resulting in risks for employees’ safety and health are excluded from use;
7) Enlist a licensed legal person for the purpose of conducting preventive and periodical inspections and checks of the work equipment and inspections and testing of the electrical and lightning installations, as well as the preventive and periodical testing of the work environment conditions, i.e. the chemical and physical hazardous agents (other than the ionising radiation), microclimate and illumination, and biological hazardous agents;
8) Provide, based on the risk assessment act and the assessment of a medical institution engaging in occupational health-care, the prescribed medical examinations of employees in compliance with this Law;
9) Ensure provision of first aid, as well as train an adequate number of employees for provision of first aid;
10) Suspend any kind of work posing a serious, unavoidable and imminent danger to the lives or health of the employees.
The procedure and the time limits for preventive and periodical inspections and checks of the work equipment and inspections and testing of electrical and lightning installations, as well as for the preventive and periodical inspections of the work environment conditions, i.e. the chemical or physical hazardous agents (other than the ionising radiation), microclimate and illumination, and the biological hazardous agents, shall be prescribed by the Minister in charge of the labour-related activities.
The legal person referred to in paragraph 1, item 7) of this Article shall issue an expert finding upon the completed inspection and check of the work equipment and inspection and testing of electrical and lightning installations or testing the conditions of the work environment within 30 days from the date of completed inspection and check i.e. testing at the latest.
Where it is determined in the course of inspection and checking of the work equipment that measures for safe and healthy work have not been applied to the equipment, the person that has conducted the inspection and check of the work equipment shall immediately notify the employer thereof, i.e. the advisor or the associate for occupational safety and health, and put a defectiveness sticker on the equipment. The employer, i.e. the advisor or the associate for occupational safety and health, shall immediately prohibit any work with the work equipment on which no measures for safe and healthy work have been applied. The prohibition on use of the work equipment shall remain in force until the irregularities due to which the equipment for work has been rendered unsafe for use are removed, i.e. until an expert finding on the inspection and check is issued by a licensed legal person to verify that the measures for safe and healthy work have been applied on the work equipment.
Risk assessment
Article 16
The employer shall pass a risk assessment act in writing for all the workplaces in the working environment and lay down the method, the measures, and the time limits for elimination or minimization of the risks as much as possible.
The employer shall pass the risk assessment act for all the workplaces in which students attend vocational practice or practical classes or learning through work in the system of dual education in compliance with the law regulating dual education.
The employer shall ensure that the measures laid down by the risk assessment act are integrated in all of the employer’s activities and on all the levels.
The employer shall amend the risk assessment act in case of occurrence of any new hazard or hazardous agent and any change in the risk level in the work process, introduction of a new workplace and a new technology and a change in the conditions of the working environment.
The risk assessment act shall be based on establishing the dangers and hazards at a workplace in the working environment, on the basis of which the risks of employee injury and health impairment are assessed.
The method and the procedure for risk assessment at a workplace and in the working environment shall be prescribed by the Minister in charge of the labour-related activities.
Conditions for work at Workplaces involving Increased Risk
Article 17
By means of a risk assessment act, and based on an impartial assessment provided by a medical institution engaging in occupational health-care, the employer shall lay down the special health-related mandatory requirements for the employees at workplaces involving increased risk.
The employer shall provide conditions for independent and impartial performance of activities relating to employees’ health protection to the enlisted medical institution referred to in paragraph 1 of this Article.
First aid
Article 18
The employer shall ensure provision of first aid, train an adequate number of employees for provision of first aid and provide the means and equipment for provision of first aid by taking into account the assessed risks, the work process, the organisation, nature and scope of the work process, number of employees participating in the work process, the number of work shifts, the number of units in separate locations, the frequency of occupational injuries and the distance to the nearest medical facility.
Provision of first aid must be organized in such a manner that the first aid is available to each employee during the working hours, in all shifts and in all locations.
The training of employees for provision of first aid shall be carried out by a medical institution engaging in occupational health-care in compliance with the law regulating health-care, as well as by the Red Cross of Serbia, in compliance with the special law.
The method of providing first aid, the types of means and equipment that shall be mandatorily provided in the workplace, the number of employees who must be trained for provision of first aid, the method of and time limits for training of the employees shall be prescribed by mutual agreement by the Minister in charge of the labour-related activities and the Minister in charge of health-related activities.
Serious, unavoidable and imminent danger
Article 19
The employer shall notify as soon as possible all the employees, who are or who could be exposed to a serious, unavoidable and imminent danger, of the risks present and measures that have been or will be taken with the aim of protection.
The employer shall take measures and issue instructions in order to enable the employees to stop working and/or immediately leave the workplace and go to a safe place in case of a serious, unavoidable and imminent danger.
The employer may not request the employees to return to the workplace in a working environment in which a serious, unavoidable and imminent danger still exists.
Notifying the Inspection Authority
Article 20
The employer shall, eight days prior to the beginning of operation at the latest, notify the competent labour inspection of:
1) The beginning of its operation;
2) Operation of its separate unit;
3) Any modification of the technological procedure if the conditions of work are changed by these modifications.
Compliance with the Prescribed Conditions
Article 21
The compliance with the prescribed conditions in the field of occupational safety and health prior to the commencement of the employer’s operations, in accordance with the law, shall be established by the Ministry in charge of the labour-related activities, at the request of the employer.
The employer shall, prior to the commencement of the operations, submit an application with the competent labour inspection for establishing compliance with the prescribed conditions in the field of occupational safety and health.
The employer may not commence to perform operations without obtaining a decision on compliance with the conditions for commencement of work.
The activities for which it is necessary to establish compliance with the prescribed conditions in the field of occupational safety and health shall be: the activities of production, circulation, distribution, treatment, disposal and placing into storage of: hazardous, harmful and waste substances; oil and oil derivatives; poisons; activities of manufacture of chemicals; adhesives; solvents; dyes; means for disinfection, insect and rodent control and of raw hide; the social protection services, and specifically: accommodation for adults and elderly persons in homes, accommodation for children and young people in homes, day-care centres, small home community, shelter and drop-in centre.
The procedure for establishing compliance with the prescribed conditions, the form of the report referred to in Article 20 of this Law and the form of the application referred to in paragraph 2 of this Article shall be prescribed by the Minister in charge of the labour-related activities.
Employer may submit the report referred to in Article 20 of this Law and the application referred to in paragraph 2 of this Article electronically.
Performance of Works in a Construction Site, i.e. Worksite
Article 22
The employer carrying out works on construction of a building in compliance with the regulations on occupational safety and health in temporary or movable construction sites, as well as the employer carrying out works in a worksite in compliance with the regulations on occupational safety and health shall file an application for beginning of work to the competent labour inspection, no later than eight days prior to the beginning of execution of works.
The employer referred to in paragraph 1 of this Article shall draw up a prescribed construction site layout plan where the works take longer than three consecutive days to complete and a prescribed worksite layout plan, which shall be delivered to the competent labour inspection enclosed with the application for beginning of works no later than eight days prior to commencement of execution of works.
Employer shall ensure, maintain and implement the occupational safety and health measures in the construction site, i.e. worksite in compliance with the layout plan of the construction site i.e. worksite and the risk assessment act.
The contents of the layout plan of a construction site and a worksite shall be prescribed by the Minister in charge of the labour-related activities.
Employer can provide the application referred to in paragraphs 1 and 2 of this Article electronically.
Execution of Emergency Works
Article 23
In case of performance of emergency works on infrastructural facilities for the purpose of removing malfunctions or in case of a sudden and uncontrolled event impacting the facility, the employer shall, immediately upon the occurrence thereof, orally and in writing notify the competent labour inspection of the performance of emergency works, as well as to apply the measures in compliance with the risk assessment act when executing the emergency works and remedial treatment.
The employer may provide the notification referred to in paragraph 1 of this Article electronically.
Obligations of the Employer in Sharing of Work Space
Article 24
Where two or more employers share a work space when performing their respective operations, i.e. where the employees of several employers simultaneously perform their jobs in the same work space, the employers shall cooperate in implementing the prescribed measures for employees’ safety and health.
The employers referred to in paragraph 1 of this Article shall, by taking into account the nature of their operations, coordinate their activities in connection to application of measures for elimination of the risk of injuries i.e. impairment of health of the employees, as well as inform each other and their respective employees and/or employees’ representatives of these risks and measures for their elimination.
The method of implementing the coordination referred to in paragraphs 1 and 2 of this Article shall be defined by the employers in an agreement made in writing, concluded prior to the beginning of performance of operations.
The person tasked with coordination of implementation of joint measures whereby safety and health of all the employees is ensured shall be designated in the agreement referred to in paragraph 3 of this Article.
Access to Work Space
Article 25
The employer shall take measures aimed at preventing access to the facility grounds used as working or auxiliary space, including also an outdoor facility, to the persons and vehicles which have no grounds for being on them.
Modifications to Work Process
Article 26
On the occasion of each modification of the work process, the employer shall adjust the means for work to that work process prior to the beginning of work.
Issuing of Permission for Work
Article 27
The employer must provide for the issuance of a work permission prior to the beginning of the works at height, in the depths, in confined spaces, in the spaces with potentially explosive atmospheres, on energy facilities, when using a hazardous chemical substance, performing work in the zones in which a serious, unavoidable or imminent danger is present or a hazardous agent with the potential to jeopardize the health of the employee.
The employer shall lay down the procedure and the method for issuing of work permission.
Use of Means for Work and Personal Protective Equipment
Article 28
The employer shall provide and issue to the employees the means for work and the personal protective equipment in good working order and to which the prescribed measures for occupational safety and health have been applied and shall ensure control of their use in accordance with their intended use.
The employer shall organize training of employees for adequate use of personal protective equipment.
Documentation accompanying Work Equipment and Personal Protective Equipment
Article 29
The employer may issue for use equipment for work and personal protective equipment to the employees only where they are in conformity with the prescribed technical requirements, if the conformity thereof is assessed in accordance with the prescribed procedure, if they are marked in compliance with the regulations and if they are accompanied by the prescribed documents on conformity and other required documentation.
The employer which has issued for use the work equipment to employees prior to entry into force of the regulation laying down the obligation referred to in paragraph 1 of this Article shall have the obligation to provide the instructions for their use and maintenance.
The employer shall provide to the employees instructions for safe and healthy work when using work equipment, according to the regulations on occupational safety and health.
The employer shall provide translation of the documentation referred to in paragraph 3 of this Article into the language that the employees can understand.
Provisions of paragraphs 1 and 2 of this Article shall be applied to all the modifications to the work process.
Documentation accompanying Chemical Substances
Article 30
The employer can provide hazardous chemical substances and other chemical substances to the employees for use for which the obligation to draw up and provide the safety data sheet is prescribed only where he has made available to them the safety data sheet accompanying the chemical substance concerned, where he has provided all the measures arising from the contents of the safety data sheet, as well as the additional measures on the conditions which ensure the occupational safety and health in compliance with the regulations governing chemicals.
The employer shall provide translation of the safety data sheet into the language that the employee can understand, as well as to enable access for the employee to data comprised in the safety data sheet.
Generally Recognized Measure
Article 31
Where due to introduction of a new technology the occupational safety and health measures have not been prescribed, the employer shall, until the adoption of the relevant regulations, apply the generally recognized measures which ensure the safety and health of employees.
A generally recognized measure, within the meaning of paragraph 1 of this Article, shall be considered to be a measure that can eliminate a hazard during work or mitigate the harm impacting employee’s health, to a reasonably feasible extent.
Program of Gradual Elimination of Deficiencies
Article 32
Where the employer has determined deficiencies in the field of occupational safety and health in the risk assessment act, the elimination of which requires substantial investments, and the employee’s life and health are not in graver jeopardy, the employer shall draw up a special program of gradual elimination of deficiencies and set the time limits for the realisation of the program.
Employer’s duty to Provide Training to Employees
Article 33
The employer shall organize employee training for safe and healthy work:
1) Upon institution of employment relationship, i.e. other form of work relationship;
2) In the event of a transfer to other jobs;
3) In the event of the introduction of a new technology or new means for work or any change in the equipment for work,
4) In case of alteration of the work process.
In the course of training for safe and healthy work, the employer shall inform the employee of the risks present in the workplace to which he is assigned and of the specific occupational safety and health measures in accordance with the risk assessment act.
The training referred to in paragraph 1 of this Article shall be provided by the employer during the working hours, and the training expenses shall be covered by the employer and may not be charged to the employee.
The employee training for safe and healthy work shall be adjusted to the specificities of his workplace and shall be conducted according to the program, the contents of which must be renewed and amended by the employer where necessary.
Where the employer assigns the employee to perform the jobs at two or more workplaces, he shall train the employee concerned for safe and healthy work at each one of these workplaces.
The employer in whose premises and under whose supervision and management, based on a contract, agreement or on any other basis, employees of another employer perform work, shall train these employees for safe and healthy work, in compliance with this Law.
Program of Training for Safe and Healthy work
Article 34
The employees’ training for safe and healthy work shall be provided by the employer through coaching and role play, in compliance with the program of training for safe and healthy work passed by the employer.
The program of training for safe and healthy work shall include a general and a specific part.
The general part of the training program shall include acquainting the employees with rights, obligations and responsibilities in the field of occupational safety and health stipulated by the laws and by-laws, as well as acquainting the employees with general acts of the employer in the field of occupational safety and health.
The specific part of the training program shall include introduction to all the potential hazards and hazardous agents in the workplace, the assessed risks and measures for safe and healthy work.
The check of how well an employee is trained as pertained to his knowledge and skills in the field of safe and healthy work shall be carried out at the workplace.
The periodical trainings for safe and healthy work for an employee working at a workplace involving increased risk shall be executed no later than one year from the date of the previous training, and at other workplaces no later than three years from the date of the previous training.
The training for safe and healthy work shall be carried out in a language that the employees can understand and shall be adapted to the abilities and skills of separate groups of employees.
Training of Employees’ Representatives
Article 35
An employees’ representative shall be entitled to training for the role of employees’ representative, and the costs of training may not be charged to the employees’ representative.
Training for employees’ representatives shall be carried out immediately upon election or appointment, and the periodical trainings shall be carried out no later than three years from the date of previous training.
The training referred to in paragraph 1 of this Article shall be organized during working hours, either within or outside of the employer’s premises.
Additional Training
Article 36
Where a work process requires additional training for the employee for safe and healthy work, the employer shall introduce the employee with the method of safe performance of the work process, through notifications, manuals or instructions provided in writing. In exceptional cases, involving serious, unavoidable and imminent danger to employee’s life or health, where urgency requires so, the notifications, manuals or instructions can be given in orally.
In case of a serious occupational injury, a fatal occupational accident or a collective occupational accident involving a serious or a fatal injury sustained at work, the employer shall immediately, and no later than within eight days from the date of the accident, provide additional training for the employees at that workplace in the organisational unit in which the accident took place, which shall include the obligation to provide notification to all the employees.
The employer shall ensure that an employed woman working during pregnancy, employed woman who has just given birth and the one who is breastfeeding her child, employees younger than 18, persons with disabilities and an employee suffering from an occupational disease, despite being provided with training on safe and healthy work, are notified in writing of the results of the risk assessment and of the measures whereby the risks are eliminated with the aim of increasing occupational safety and health.
Getting Acquainted with the Risks
Article 37
The employer shall warn each person, which is found in the working environment and of whose presence there in the employer is aware, of the dangers or hazards to health appearing in the work process, i.e. of the safety and health measures that they must apply, and to direct them to the safe zones for movement.
The employer shall visibly mark and put up occupational safety and/or health signs to make aware and inform the employees of the risks involved in the work process, routes of movement and permitted places of stay, as well as of the measures for preventing, reducing or eliminating the risks.
IV RIGHTS AND OBLIGATIONS OF EMPLOYEES
Article 38
An employee shall have the right and obligation to get acquainted, before starting to work, with the occupational safety and health measures in the workplace to which he is assigned, as well as to get trained for their implementation.
Employee shall have the right to provide proposals, objections and notifications to the employer on the matters of occupational safety and health.
Employee shall have the right and obligation to regularly undergo medical checks according to the risks involved in the workplace, in accordance with the regulations on health-care and regulations on occupational safety and health.
An employee working in a workplace involving increased risk shall have the right and obligation to undergo a medical examination to which he has been referred by the employer.
An employee shall have a duty to work in a workplace involving increased risk provided that a medical institution engaging in occupational health-care issued a report whereby he was found medically fit for work in that workplace.
Employee’s Right to Refuse Work
Article 39
The employee shall have the right to refuse work:
1) If he is in threatened by imminent danger to his life and health because the prescribed safety and health measures have not been applied to the workplace to which he has been assigned, until the moment those measures are procured;
2) If the employer has not arranged for him to undergo the prescribed medical examination or if it has been determined in the medical examination that he does not satisfy the prescribed medical requirements, within the meaning of Article 56 of this Law, for work in a workplace involving increased risk;
3) If in the course of training for safe and healthy work he has not been introduced to all types of risks and measures for their elimination, within the meaning of Article 33, paragraph 2 of this Law, in the workplace to which the employer has assigned him;
4) For a period that lasts longer than the full working hours, i.e. at night, if, according to the assessment made by the medical institution engaging in occupational health-care, such work could further impair his medical condition;
5) On means for work on which the prescribed occupational safety and health measures have not been applied;
6) If the permission for work, within the meaning of Article 27, paragraph 1 of this Law, has not been issued.
In the cases referred to in paragraph 1 of this Article, the employee may address a written request to the employer requiring him to apply the measures that, according to the employee’s opinion, have not been implemented.
If the employer fails to comply with the request referred to in paragraph 2 of this Article within eight days from the receipt thereof, the employee shall be entitled to submit an application for protection of rights to the labour inspection.
Where the employee has refused to work in the cases referred to in paragraph 1 of this Article, and the employer is of the opinion that the employee’s request is unjustified, the employer shall immediately notify the labour inspection.
Employee’s Right to Leave the Workplace
Article 40
The employer shall ensure that all the employees are trained in taking relevant steps in accordance with their knowledge and technical means which are available to them in cases of serious, unavoidable and imminent danger for their safety and/or safety of others, even in cases where the immediate manager who is in charge but not present, in order to avoid the harmful consequences.
If threatened by a serious, unavoidable and imminent danger for life or heath, the employee shall have the right to take adequate measures, in accordance with his knowledge and technical means available to him and to stop working, leave the workplace, work process i.e. the working environment.
In the case referred to in paragraph 2 of this Article, the employee who has stopped working, left the workplace, work process i.e. working environment shall not be liable for the damage caused to the employer, i.e. shall not be placed at any disadvantage, except in case where he has caused the damage intentionally or due to gross negligence.
Article 41
An employee shall:
1) Take care of his own occupational safety and health, as well as of the safety and health of other persons who may be affected by his work in accordance with the training for safe and healthy work and instructions for safe and healthy work obtained from the employer;
2) Apply the prescribed measures for safe and healthy work;
3) Use the means for work, chemical and other substances for their intended purposes;
4) Appropriately use the personal protective equipment, to handle it with care and to return it in order to the place intended for its keeping;
5) Before starting to work, inspect his workplace, including the means for work that he uses, as well as the personal protective equipment, and in case of any deficiencies observed - notify the employer or another authorized person thereof;
6) Before leaving the workplace and the means for work, leave them in such a condition that they do not pose a threat to other employees.
Employee shall be prohibited from arbitrarily shutting off, altering or removing the safety devices on the means for work.
Employee’s Obligation to Cooperate
Article 42
An employee shall, according to his knowledge, immediately notify the employer, i.e. the immediate supervisor of any irregularity, danger, hazardous agent or other deficiency in implementation of occupational safety and health measures which could jeopardize his safety and health or the safety and health of other employees and other persons in the workplace.
In case that the employer, upon receipt of the notification referred to in paragraph 1 of this Article, does not remove the irregularities, hazardous agents, dangers or other occurrences within a time limit of eight days or if the employee is of the opinion that adequate measures for safety and health have not been implemented to eliminate the identified occurrences, the employee may contact the competent labour inspection, of which he shall notify the advisor i.e. associate for occupational safety and health, the employees’ representative and/or the Committee.
Employee shall have the obligation to cooperate with the employer and the advisor i.e. associate for occupational safety and health, in order that the prescribed occupational safety and health measures are implemented in the workplaces at which he works.
V OBLIGATIONS OF THE SELF-EMPLOYED PERSONS
Article 43
The self-employed person shall be responsible, in accordance with this Law and other regulations on occupational safety and health, for his own safety and health and for the safety and health of other persons, who are affected by his work and omissions in application of occupational safety and health measures.
A self-employed person shall apply in his business the regulations in the field of occupational safety and health and cooperate with other employers and employees in application on occupational safety and health measures, where the performance of his business is related to them.
VI WORK FROM HOME AND DISTANCE WORK
Article 44
In cases of work from home and distance work, the employer shall ensure occupational safety and health in cooperation with the employee, where the employer shall establish conditions for safe and healthy work, means for work issued by the employer, define the work process related to the performance of activities within the scope of employee’s responsibility and prescribe preventive measures for safe and healthy work.
Article 45
The employer may adopt a risk assessment act applicable to work from home and distance work, in writing with employee’s participation.
Employee shall have the obligation to notify the employer of fulfilment of conditions required for safe and healthy work in accordance with the risk assessment act, as well as to notify the employer in a timely manner of each subsequent change of the conditions.
VII ORGANISATION OF OCCUPATIONAL SAFETY AND HEALTH ACTIVITIES
Obligation to Organize Activities
Article 46
The employer shall organize the activities of occupational safety and health.
The employer shall, by means of the general act referred to in Article 14 of this Law, by employment contract i.e. another contract in accordance with the regulation governing labour, regulate the obligations and responsibilities related to daily monitoring and control of the application of occupational safety and health measures.
The employer shall enlist one or more persons for the performance of occupational safety and health activities with whom he has already concluded an employment contract, and such person/persons shall comply with the special conditions in accordance with this Law (hereinafter referred to as: the advisor, i.e. associate for occupational safety and health).
A person who has passed the professional examination for performance of occupational safety and health activities and who is licensed for performance of activities of an advisor, i.e. associate for occupational safety and health in accordance with this Law can perform the occupational safety and health activities.
Provided that enlisting a person among the employees who complies with the conditions referred to in Article 48 i.e. Article 49 of this Law for performance of the occupational safety and health activities is not feasible, the employer may, by way of exception, hire a legal person or a sole trader holding the licence for performance of occupational safety and health activities.
For the activities referred to in Article 48 of this Law, the employer that employs i.e. hires for work from 251 to 500 employees shall conclude an employment contracts involving full working hours with a minimum of two advisors for occupational safety and health, and the employer that employs i.e. hires for work more than 500 employees shall conclude an employment contract involving full working hours with a minimum of three advisors for occupational safety and health.
For all other activities, the employer that employs i.e. hires for work more than 500 employees shall conclude an employment contract involving full working hours with a minimum of two associates for occupational safety and health.
Where the employer hires a legal person or a sole trader holding a licence for performance of occupational safety and health activities, such legal person i.e. sole trader shall determine the number of advisors for occupational safety and health in accordance with paragraph 6 of this Article.
Employer that Performing the Occupational Safety and Health Activities by himself
Article 47
An employer pursuing business activities in retail trade, accommodation and food services, information and communications, finance and insurance, real estate, expert, scientific, innovation, administrative and ancillary service activities, mandatory social insurance, education, arts, entertainment and recreation, as well as other services, may perform the occupational safety and health activities referred to in Article 50 of this Law if he employs up to 20 employees.
The employer referred to in paragraph 1 of this Article shall take the professional examination for performance of occupational safety and health activities prescribed by the Minister in charge of the labour-related activities and shall not have the obligation to hold the prescribed licence.
Advisor for Occupational Safety and Health
Article 48
An employer engaged in the business activities of civil engineering, agriculture, forestry and fisheries, mining, processing industry, electricity supply, natural gas supply, steam supply and air conditioning (other than the trade in electricity and gaseous fuels through the gas pipeline network), water supply, waste water management, control of the waste elimination process, wholesale trade, traffic and warehousing and the similar business activities, as well as in the activities of health-care and social protection, for the performance of the activities in occupational safety and health shall appoint an advisor for occupational safety and health i.e. a person who has at least a higher education through graduation from an academic or vocational study course of the scope of at least 240 ECTS credits in the educational and scientific field of technical and technological sciences and natural sciences and mathematics in the fields of: biology, environmental protection, physics, physical and chemical and chemical science.
An employer engaging in the business activities of health-care and social protection can appoint an advisor for occupational safety and health to perform the activities of occupational safety and health, and such person must have at least higher education through graduation from an academic or a vocational study course of the scope of at least 240 ECTS credits within the educational and scientific field of medical sciences.
The advisor for occupational safety and health may also perform the activities of occupational safety and health in the business activities referred to in Article 47 of this Law.
Associate for Occupational Safety and Health
Article 49
An employer engaging in business activities which are not mentioned in Article 48, paragraph 1 of this Law, if he does not perform the occupational safety and health activities referred to in Article 47, paragraph 1 of this Law on his own, shall appoint for the performance of activities of occupational safety and health an associate for occupational safety and health, i.e. a person who has at least the higher education by graduating from a study course of the scope of at least 180 ECTS credits within the educational and scientific field of technical and technological sciences, natural sciences and mathematics, medical or social and humanities sciences.
Advisor’s i.e. Associate’s Tasks in Occupational Safety and Health
Article 50
An advisor i.e. an associate for occupational safety and health shall perform the activities in accordance with this Law, and specifically, he shall:
1) Implement the procedure of risk assessment and participate therein;
2) Participate in drawing up of a program of training of employees for safe and healthy work, program of training of employees’ representative and program of training of managers;
3) Perform control and provide proposals to the employer in relation to planning, selection, use and maintenance of the means for work, chemical substances and personal protective equipment;
4) Participate in equipping and designing of the workplace with the aim of providing safe and healthy work conditions;
5) Organize preventive and periodical testing of the conditions in the work environment;
6) Organize preventive and periodical inspections and checks of the equipment for work and inspections and testing of electrical and lightning installations;
7) Propose measures for improvement of work conditions, in particular in the workplaces involving increased risk;
8) Monitor and control the application of measures of occupational safety and health in compliance with the employer’s organisation of occupational safety and health activities;
9) Monitor the condition in connection to occupational injuries and diseases, as well as with the work-related diseases, participate in establishing their causes and prepare reports that shall include proposals for measures for their elimination;
10) Organize and hold trainings of:
(1) Employees and other persons in compliance with this Law,
(2) Employees’ representatives,
(3) Managers;
11) Prepare instructions for safe and healthy work and control the application thereof;
12) Prohibit work in a workplace or use of means for work, in cases where imminent danger for employee’s life or health is identified and suspend work involving work equipment until the deficiencies observed in the course of inspection and check of work equipment referred to in Article 15, paragraph 4 of this Law are removed;
13) Organize employees’ medical examinations;
14) Cooperate and coordinate work with a medical institution engaging in occupational health-care activity relating to all the matters in the field of occupational safety and health;
15) Cooperate with the employees’ representatives and the Committee for Occupational Safety and Health in relation to all the matters in the field of occupational safety and health happening at the employer;
16) Maintain records in the field of occupational safety and health for the employer;
17) Follow the changes in regulations and perform alignment of employer’s acts, follow the standards and the technical progress in the field of occupational safety and health.
The advisor for occupational safety and health shall, in the business activities referred to in Article 48 of this Law, follow on a daily basis, control and report to the employer on the application of employer’s occupational safety and health measures in accordance with the organisation of employer’s occupational safety and health activities and the act referred to in Article 46, paragraph 2 of this Law.
The advisor, i.e. the associate for occupational safety and health shall report to the employer and to the employees’ representative in writing of the prohibition referred to in paragraph 1, item 12) of this Article.
If the employer, despite the prohibition within the meaning of paragraph 1, item 12) of this Article, orders an employee to continue working or using the means for work, the advisor i.e. the associate for occupational safety and health shall immediately notify the competent labour inspection thereof.
The advisor i.e. the associate for occupational safety and health shall continuously enhance his knowledge in the field of occupational safety and health within the meaning of Article 53 of this Law.
Hiring a Licensed Legal Person or Sole Trader
Article 51
The employer hiring a licensed legal person or sole trader for the performance of occupational safety and health activities shall provide them with prior information about the work process, risks involved in the work process and the measures applied to eliminate the risk, inform them of the beginning of operation of each separate unit, of the beginning of execution of works in the construction site i.e. worksite, and of hiring of each new employee.
Independence in Performing Activities
Article 52
The employer shall enable the hired legal person or sole trader, advisor i.e. associate for occupational safety and health to independently and autonomously perform their activities in compliance with this Law, allow enough time for performance of these activities and access to complete necessary data in the field of occupational safety and health.
The advisor i.e. associate for occupational safety and health, who has been appointed for performance of occupational safety and health activities, shall not suffer any negative consequences if they perform their jobs in compliance with this Law.
Continuous Improvement of Knowledge
Article 53
The employer shall enable continuous improvement of knowledge in the field of occupational safety and health for the employee appointed by him to perform these activities.
Continuous improvement of knowledge of an advisor for occupational safety and health, associate for occupational safety and health, coordinator for occupational safety and health in the project preparation stage, coordinator for occupational safety and health in the works’ execution stage, person responsible for performance of activities of inspections and checks of the work equipment and inspections and testing of electrical and lightning installations, person responsible for performance of activities of testing the conditions of the work environment, i.e. chemical and physical hazardous agents (other than the ionising radiation), microclimate and illumination, and person responsible for performance of activities of testing the conditions of work environment - biological hazardous agents, shall be a condition for license renewal.
The employer shall provide the persons referred to in paragraph 2 of this Article with paid leave for continuous improvement of knowledge, for the purpose of licence renewal, in compliance with the law.
The program, method, procedure and duration of continuous improvement of knowledge, as well as other issues relating to continuous improvement of knowledge of the persons referred to in paragraph 2 of this Article shall be prescribed by the Minister in charge of the labour-related activities.
VIII PROTECTION OF HEALTH AT WORK
Medical Institution Engaging in Occupational Health-Care
Article 54
The employer shall enlist a medical institution engaging in occupational health-care for performance of activities of protection of employees’ health at work, for which the competent state authority has established that it complies with the prescribed conditions for performance of health-care activity, in compliance with the law.
The medical institution engaging in occupational health-care referred to in paragraph 1 of this Article shall perform the activities in compliance with this Law, and in particular:
1) In the procedure of risk assessment, it shall determine the proposal of health-care measures for the workplaces in which hazardous agents above the prescribed limits have been identified and determined;
2) It shall monitor and study the conditions for work and propose the measures for the protection of employees’ health relative to the risks to which an employee is exposed in a workplace in work environment;
3) It shall perform training activities for the employees for the provision of first aid;
4) It shall identify and examine the causes of occurrence of occupational diseases and work-related diseases;
5) It shall assess and establish the particular health-related capabilities which must be fulfilled by the employees in order to perform particular tasks in the workplace involving increased risk;
6) It shall perform the preliminary, periodical, control and targeted medical examinations of employees and issue reports on medical examinations in compliance with the regulations on occupational safety and health;
7) It shall monitor the health condition of an employee in relation to the risks involved in the workplace;
8) It shall participate in organisation of first aid, rescue and evacuation in case of injury suffered by an employee or in case of major breakdowns;
9) It shall advise the employer in selection of another adequate job according to the employee’s medical fitness;
10) It shall advise the employer on planning and organisation of work from the aspect of health-care;
11) It shall participate in drawing up of a program for improvement of work conditions in a workplace;
12) It shall participate in analysis of occupational diseases and work-related diseases;
13) It shall directly cooperate with an advisor i.e. associate for occupational safety and health.
The preliminary, periodical and targeted medical examinations of employees within the meaning of paragraph 2, item 6) of this Article can be performed by a medical institution engaging in occupational health-care for which a competent state authority has established compliance with the prescribed conditions for performance of health-care activity, in compliance with the law.
Article 55
Personal data collected in relation to medical examinations of an employee shall be of confidential nature and under control of the medical institution engaging in occupational health-care that performs these examinations, under supervision of a health-care professional or another person bound by the professional confidentiality obligation prescribed by the law or professional rules.
The data referred to in paragraph 1 of this Article can be provided to other persons upon explicit consent of the employee only, in compliance with the law regulating protection of personal data.
The report on employee’s medical examination shall be delivered to the employer in a manner that shall not violate the principle of confidentiality of personal data.
Article 56
The employer shall provide a preliminary medical examination to an employee assigned to a workplace involving increased risk prior to the beginning of work, as well as a periodical medical examination during the course of work.
The employer shall provide both, the preliminary and periodical medical examination, to an employee performing work during night in compliance with the law.
The employees’ preliminary, periodical and targeted medical examinations shall be performed in the manner, according to the procedure and within the time limits laid down by the regulations on occupational safety and health prescribed by mutual agreement by the Minister in charge of the labour-related activities and the Minister in charge of the health-related activities.
Where it is determined in a procedure of periodical medical examination that the employee does not fulfil the particular health-related requirements for performing the tasks in a workplace involving increased risk, the employer shall transfer him to another workplace that is suitable to his medical capabilities.
At the request of the employee, the employer shall refer him to a medical examination corresponding to the risks occurring in the workplace, in regular intervals and no later than five years from the previous examination.
The costs of the medical examinations shall be borne by the employer.
IX EMPLOYEES’ REPRESENTATIVE AND COMMITTEE FOR OCCUPATIONAL SAFETY AND HEALTH
Selecting the Employees’ Representative
Article 57
The employees employed with an employer shall have the right to select one or more employees’ representatives for occupational safety and health.
At least three employees’ representatives shall form the Committee for Occupational Safety and Health (hereinafter referred to as: the Committee).
The employer shall appoint at least one representative to the Committee to represent him, so that the number of employees’ representatives shall exceed the number of employer’s representatives by one at the minimum.
The selection procedure and the method of work of the employees’ representative and of the Committee, the number of employees’ representatives with an employer, as well as their relations with a trade union shall be regulated by means of a collective agreement or an agreement concluded between the employer and the employees’ representatives.
The employer shall allow at least one employees’ representative for occupational safety and health time off work when performing the tasks of his position, of the duration of at least five working hours per month with the right to compensation for salary which shall be calculated and paid in the same amount as if he had worked on the tasks involved in his workplace, as well as to provide the technical and spatial conditions in accordance with the availability of spatial and financial resources, for performance of activities of an employees’ representative.
Article 58
The employer shall enable prior and timely consultations with employees, employees’ representative and/or Committee in connection with:
1) All the measures impacting or potentially impacting safety and health of the employees;
2) Organising occupational safety and health activities and designation of employees referred to in Article 15, paragraph 1, item 9) of this Law;
3) Adopting of the acts relating to occupational safety and health;
4) Planning and organising training referred to in Article 33 of this Law.
The employer shall enable the employees’ representative and the Committee to inspect all the acts relating to occupational safety and health.
Article 59
The employer shall inform the employees or the employees’ representatives and/or the Committee of:
1) The risks occurring in a workplace in a work environment and the preventive measures of occupational safety and health and activities related to the technological and work process with the employer;
2) Measures of the labour inspection taken;
3) Records of occupational injuries and occupational diseases and of the measures taken to achieve occupational safety and health;
4) Measures taken to prevent imminent danger to life and health.
Article 60
The employer and the employees’ representative and/or Committee and the trade union shall cooperate among themselves on the matters of occupational safety and health, in compliance with this Law and other regulations.
Rights of Employees, Employees’ representatives and of the Committee
Article 61
The employees, employees’ representative and/or the Committee shall have the right to:
1) Make proposals to the employer on all the issues related to occupational safety and health;
2) Request from the employer to take adequate measures to eliminate or mitigate the risk which puts into jeopardy the employees’ safety and health;
3) Request supervision by the labour inspection, where they are of the opinion that the employer has failed to implement adequate occupational safety and health measures, be present during the inspection, as well as submit objections and observations.
The employees mentioned in Article 57 of this Law and paragraph 1 of this Article must not be placed at a disadvantage because of their respective activities.
X RECORDS, COOPERATION AND REPORTING
Obligation to Maintain Records
Article 62
The employer shall maintain and keep records of:
1) Workplaces involving increased risk, employees performing jobs in workplaces involving increased risk and medical examinations of the employees performing these jobs;
2) Occupational injuries and occupational diseases;
3) Employees trained for safe and healthy work and proper use of personal protective equipment;
4) Employees exposed to biological hazardous agents of the group 3 and/or group 4;
5) Employees exposed to carcinogens or mutagens, chemical substances and asbestos, as well as of the medical condition and exposure;
6) Report on application of occupational safety and health measures for the business activities referred to in Article 48 of this Law;
7) Performed inspections and checks of the equipment for work and inspections and testing of the electrical and lightning installations;
8) Completed testing of the conditions of working environment;
9) Issued personal protective equipment.
The employer shall keep the records of employees trained for safe and healthy work in accordance with this Law or a copy thereof in the seat or another business premises of the employer or in some other place, depending on the place at which the employee works.
The employer may electronically maintain the records referred to in paragraph 1 of this Article, except for the records referred to in paragraph 1, item 3) of this Article.
The method of maintaining and the time limits for keeping of the records referred to in paragraph 1 of this Article shall be prescribed by the Minister in charge of the labour-related activities.
Article 63
The employer shall enter the employee’s name and surname and the job title in the records referred to in Article 62 of this Law.
The acts in the provision procedure of the preliminary, periodical and targeted medical examination of the employee referred to in Article 56 of this Law shall comprise the following personal data: the person’s name and surname, the unique citizen’s identification number i.e. the date of birth, place of birth and municipality, profession, qualification level, job title and information on health condition.
The report on occupational injury shall comprise the following personal data: name and surname and unique citizen’s identification number of the person authorized to enter data; name and surname, sex, unique citizen’s identification number, domicile i.e. temporary residence, qualification level, data on injured person’s workplace and occupational injury, according to the determined codebooks; name and surname, unique citizen’s identification number, address and place of the employer that is a natural person and name and surname of the medical doctor who was the first to examine the injured person.
The report on occupational disease referred to in Article 65 of this Law shall comprise the following personal data: name and surname of the person designated for occupational safety and health; person’s name and surname, sex, unique citizen’s identification number, domicile i.e. temporary residence, qualification level, data on the workplace, the type of occupational disease, and health condition of the person suffering from the occupational disease, name and surname of the immediate supervisor and name and surname of the medical doctor.
For the purpose of discharging the obligations or applying the powers prescribed by law, the personal data referred to in paragraphs 3 and 4 of this Article shall be delivered for use to the organisations competent for medical, pension and disability insurance, Labour Inspectorate and to the Administration.
The secondary legislation regulating the preventive measures referred to in Article 7 of this Law shall comprise the following personal data: name and surname, unique citizen’s identification number, place of birth and municipality, profession, qualification level, job title and information on health condition.
Reporting the Occupational Injury and Occupational Disease
Article 64
The employer shall immediately, and no later than 24 hours from the occurrence, orally, in writing or electronically, report to the competent labour inspection and to the competent home affairs authority each fatal, collective or severe occupational injury, as well as any dangerous occurrence that could jeopardize employees’ safety and health.
The employer shall report immediately, and no later than within five working days from the date of occurrence, orally, in writing or electronically to the competent labour inspection any minor occupational injury due to which the employee is unfit for work for more than three days.
The employer shall report to the competent labour inspection the occupational disease within five days from the date of delivery of the opinion of the medical institution that has established the occupational disease.
The Ministry in charge of the labour-related activities shall make available contact details of the labour inspectors on duty on their website.
Reporting on Occupational Injury and Occupational Disease
Article 65
The employer shall deliver the report on occupational injury and the report on occupational disease that have occurred at the workplace to the employee who has suffered the injury i.e. who is suffering from the identified occupational disease, to the organisation competent for medical insurance and to the Administration.
The report on occupational injury shall be submitted in writing pending the establishing of the electronic Register of Occupational Injuries.
The contents and the method of issuing of a form for the report referred to in paragraph 1 of this Article shall be prescribed by the Minister in charge of the labour-related activities.
Cooperation of Competent Authorities and Organisations
Article 66
The employers, trade unions, insurance companies, organisations competent for medical and pension and disability insurance shall cooperate and take part in adoption of common positions on the matters of furthering occupational safety and health, as well as to take care of the development and promotion of general culture of occupational safety and health, in accordance with this Law.
The organisation competent for health insurance shall provide to the Ministry in charge of the labour-related activities the data on occupational injuries and occupational diseases at least once a year, specifically by January 31 of the following year for the previous year at the latest, and within a shorter time limit upon request of the Ministry in charge of the labour-related activities.
The organisation competent for pension and disability insurance shall provide to the Ministry in charge of the labour-related activities the data on exercised right to disability pension based on occupational injury and occupational disease once a year at the minimum and specifically by January 31 of the following year for the previous year at the latest, and within a shorter time limit upon request of the Ministry in charge of the labour-related activities.
Insurance against Occupational Injuries and Diseases
Article 67
An employer shall insure the employees against occupational injuries and occupational diseases, in order to ensure compensation for damage.
The financial means for the insurance referred to in paragraph 1 of this Article shall be borne by the employer.
The conditions and procedures for insurance against occupational injuries and occupational diseases shall be regulated by the law.
XI REGISTER OF OCCUPATIONAL INJURIES
Competence for Establishing and Maintenance of the Register
Article 68
The electronic Register of Occupational Injuries (hereinafter referred to as: the Register) shall be established and maintained by the Administration, with the technical support from the Government service competent for designing, harmonizing, development and functioning of the electronic governance system, for the needs of collecting statistical data on occupational injuries.
The Register shall contain accurate and updated data on occupational injuries and enable the data users to perform the activities of data entering and downloading for the purpose of determining facts required for exercising health insurance rights.
The Register shall contain the data prescribed in Article 63, paragraph 3 of this Law.
The applicable code books and classifications shall be used in the Register.
Data users shall, in accordance with their respective competences, access and use the Register by means of Register access authorisation or by using the Register data through a data users’ software solution in the authority’s Service Bus or through the Data Exchange System.
The Minister in charge of the labour-related activities shall prescribe the detailed conditions relating to the maintenance of the Register referred to in paragraph 1 of this Article.
Article 69
The employer shall enter the data in the Register.
Data shall be downloaded by the Register from the integrated health information system of the Republic of Serbia and the information system of the organisation competent for health care insurance.
The employer, i.e. the authorized official with the employer responsible for entering data in the Register shall enter data on the employer, i.e. on the employer-user or employer-natural person, on the injured person, occupational injury, immediate supervisor, and on the witness.
The employer shall electronically provide the Administration with data on the authorized official who performs data entry referred to in paragraph 3 of this Article.
Following the data entry in the Register by the employer, the chosen medical doctor shall enter, by using the integrated health-care information system of the Republic of Serbia, the finding and opinion of the medical doctor which has examined the injured person first.
Following the entry of data referred to in paragraph 5 of this Article by the chosen medical doctor, the organisation competent for the health-care insurance shall enter the assessment of the occupational injury by using the information system.
The Administration shall keep records of the authorized official referred to in paragraph 4 of this Article.
Exchange of Data in the Register
Article 70
The exchange of data shall be carried out in accordance with the regulations governing the electronic governance.
The employer, the chosen medical doctor and the organisation competent for health-care insurance shall be responsible for accuracy of entered and downloaded data in the Register.
Access to data in the Register and measures protecting that access shall be provided in accordance with the regulations governing the field of electronic governance, electronic identification and information security.
The Register shall be located in the State Centre for Data Storage and Management which shall provide physical protection of data in accordance with the law regulating electronic governance and information security.
XII PROFESSIONAL EXAMINATION AND LICENCE ISSUING
Article 71
Relevant professional examination shall be taken for performance of occupational safety and health activities referred to in Article 50 of this Law, and for activities of a responsible person.
For performance of activities of a coordinator for safety and health in the phase of project drafting and of a coordinator for safety and health in the phase of execution of works, preparations shall be organized and relevant professional examinations shall be taken.
The professional examination referred to in paragraphs 1 and 2 of this Article shall comprise of a general and a specific part and shall be taken before relevant commissions formed by the Minister in charge of the labour-related activities. The members of these commissions shall be entitled to remuneration for their work.
The program and the method of taking the professional examination referred to in paragraphs 1 and 2 of this Article and the organisation of preparations for taking the professional examination referred to in paragraph 2 of this Article shall be prescribed by the Minister in charge of the labour-related activities.
Republic administrative duty shall be paid on the occasion of taking relevant professional examination, in accordance with the law.
Issuing and Renewal of Licences
Article 72
The licence for performance of relevant occupational safety and health activities shall be issued i.e. renewed by the Minister in charge of the labour-related activities by means of a decision, specifically to:
1) An advisor for occupational safety and health;
2) An associate for occupational safety and health;
3) A coordinator for occupational safety and health in the phase of project drafting;
4) A coordinator for occupational safety and health in the phase of execution of works;
5) A responsible person for performance of activities of inspection and check of equipment for work and inspection and testing of electrical and lightning installations;
6) A responsible person for performance of activities in testing of the work environment conditions, i.e. chemical and physical hazardous agents (other than the ionising radiation), microclimate and illumination;
7) A responsible person for performance of activities in testing of the work environment conditions - biological hazardous agents;
8) A legal person or sole trader for performance of occupational safety and health activities;
9) A legal person for the performance of activities in inspection and check of equipment for work and inspection and testing of electrical and lightning installations;
10) A legal person for the performance of activities in testing of the work environment conditions, i.e. chemical and physical hazardous agents (other than the ionising radiation), microclimate and illumination;
11) A legal person for the performance of activities in testing of the work environment conditions - biological hazardous agents.
The application for issuing and renewal of the licence referred to in paragraph 1, items from 1) through 4) of this Article shall be submitted to the Labour Inspectorate for the purpose of establishing compliance with the conditions for licence issuing. The Labour Inspectorate shall supervise the work of the licensed natural persons and prepare proposals of decisions for issuing, renewal and revoking of licences referred to in paragraph 1, items from 1) through 4) of this Article, of which it shall keep records.
The application for issuing and renewal of the licence referred to in paragraph 1, items from 5) through 11) of this Article shall be submitted to the Administration for the purpose of establishing compliance with the conditions for licence issuing, in an application form which shall be prescribed by the Minister in charge of the labour-related activities.
1. General Conditions for Issuing and Renewal of Licences
Article 73
The licences referred to in Article 72 of this Law shall be issued by the Minister in charge of the labour-related activities with a validity term of five years. The licence can be renewed in the manner and under conditions under which it is issued, provided that the application for licence renewal must be submitted no later than 60 days prior to the expiry of the validity term of the licence.
The republic administrative duty for issuing of the licence referred to in paragraph 1 of this Article shall be paid by the person submitting the application for licence issuing i.e. renewal.
The licences referred to in Article 72, paragraph 1, items from 1) through 7) of this Law can be issued i.e. renewed to the person submitting the application if the licence issued in accordance with this Law has not been revoked in the previous five years and if the person submitting the application has not been convicted by means of a final court decision for crimes involving failure to take occupational protective measures, causing danger by failing to provide occupational protective measures, improper and incorrect performance of construction works and unauthorized pursuit of a specific business i.e. if no security measure has been imposed against him by means of a final court decision in accordance with the Criminal Code, namely: ban on engaging in a profession, business and duly due to which he may not perform the activities in the field of occupational safety and health.
The person referred to in Article 72, paragraph 1, items from 1) through 7) of this Law shall submit, enclosed with the application for licence renewal, proof of completed continued improvement of knowledge in compliance with this Law and the regulations passed for implementation of this Law.
A person who has been convicted of a crime by means of a final court decision or against whom a security measure referred to in paragraph 3 of this Article has been imposed shall take the relevant professional examination again.
For persons who are, due to legitimate reasons laid down by the law (temporary inability to work lasting longer than six months, pregnancy, maternity leave, leave taken for child care, leave taken for military service i.e. completion of military service, secondment to work abroad by the employer or within international technical or educational and cultural cooperation, diplomatic, consular and other missions, election i.e. appointment to a position in a state authority, trade union, political organisation or some other public office the exercising of which requires a temporary suspension of further work with an employer) prevented from performing activities in the field of occupational safety and health for which a licence referred to in Article 72, paragraph 1, items from 1) through 7) of this Law has been issued, the time limit for issuing, i.e. renewal of the licence shall be extended for the period of duration of the mentioned reasons. The application for extension of the licence validity term inclusive of the relevant proof of the inability to perform the activities in the field of occupational safety and health shall be submitted to the Labour Inspectorate in case of the licences referred to in Article 72, paragraph 1, items from 1) through 4) of this Law, while for the licences referred to in Article 72, paragraph 1, items from 5) through 7) of this Law it shall be submitted to the Administration, within 15 days from the termination of the mentioned reasons.
The licences referred to in Article 72, paragraph 1, items from 8) through 11) of this Law can be issued, i.e. renewed to the person submitting the application providing that he complies with the prescribed conditions in respect of the premises and the technical equipment for pursuit of the business activity and if the licence issued in accordance with this Law belonging to the founder or the person related to him within the meaning of the regulations on companies has not been revoked in the previous five years.
The method of issuing, renewal or revoking of licences, the contents and appearance of the application referred to in Article 72 of this Law shall be prescribed by the Minister in charge of the labour-related activities.
2. Conditions for Licence Issuing to a Natural Person
Advisor, i.e. Associate for Occupational Safety and Health
Article 74
The licence for performance of activities of an advisor, i.e. associate for occupational safety and health can be obtained by a natural person who possesses the relevant qualification level referred to in Article 48, i.e. Article 49 of this Law, has passed the relevant professional examination and complies with the conditions referred to in Article 73, paragraph 3 of this Law.
Coordinator in the Phase of Project Drafting
Article 75
The licence for performance of activities of a coordinator for occupational safety and health in the phase of project drafting can be obtained by a natural person which has acquired higher education for a relevant profession by graduating from an academic or vocational study course of at least 300 ECTS credits, in the scientific area of: architecture, civil engineering, electrical engineering and computer engineering, mechanical engineering, traffic engineering or technological engineering; a licence for a responsible designer in accordance with the regulations on planning and construction; passed professional examination for performance of activities of a coordinator for project drafting in accordance with the regulation on occupational safety and health in temporary or movable construction sites and which complies with the conditions referred to in Article 73, paragraph 3 of this Law.
Coordinator in the Phase of Execution of Works
Article 76
The licence for performance of activities of a coordinator for occupational safety and health in the phase of execution of works can be obtained by a natural person which has acquired higher education for a relevant profession by graduating from an academic or vocational study course of at least 240 ECTS credits, in the scientific area of: architecture, civil engineering, electrical engineering and computer engineering, environmental protection engineering and occupational protection engineering, mechanical engineering, mining engineering, traffic engineering or technological engineering; passed professional examination for performance of activities of a coordinator for execution of works in accordance with the regulation on occupational safety and health in temporary or movable construction sites and at least three years of work experience acquired in: the jobs of building construction or occupational safety and health jobs with building contractors and which complies with the conditions referred to in Article 73, paragraph 3 of this Law.
Responsible Person for Inspection and Checking of Equipment for Work and Inspection and Testing of Electrical and Lightning Installations
Article 77
The licence for performance of activities of a responsible person for inspection and checking of equipment for work and inspection and testing of electrical and lightning installations can be obtained by a natural person who has acquired higher education for a relevant profession by graduating from an academic or vocational study course of at least 240 ECTS credits, and specifically: graduated mechanical engineer or specialist vocational mechanical engineer or graduated mining engineer or specialist vocational mining engineer, graduated electrical computer engineer or specialist vocational electrical and computer engineer and specialist vocational computer engineer, graduated technological engineer or specialist vocational technological engineer, graduated occupational protection engineer or specialist vocational occupational protection engineer, who has passed the professional examination referred to in Article 71 of this Law, has at least three years of work experience at these jobs or at least five years of work experience in the profession, and who complies with the conditions referred to in Article 73, paragraph 3 of this Law.
Responsible Person for Testing Conditions of Work Environment, i.e. Chemical and Physical Hazardous Agents (other than the ionising radiation), Microclimate and Illumination
Article 78
The licence for performance of activities of a responsible person for testing conditions of the work environment, i.e. chemical and physical hazardous agents (other than the ionising radiation), microclimate and illumination can be obtained by a natural person who has acquired higher education for a relevant profession by graduating from an academic or vocational study course of at least 240 ECTS credits, and specifically: graduated engineer of technology or graduated chemist or graduated physical chemist or specialist vocational engineer of technology or specialist vocational chemist or specialist vocational physical chemist, graduated mechanical engineer or graduated electrical and computer engineer or graduated physicist or specialist vocational mechanical engineer or specialist vocational electrical and computer engineer or specialist vocational physicist or graduated mining engineer or specialist vocational mining engineer, graduated engineer of occupational protection or specialist vocational engineer of occupational protection, who has passed the professional examination referred to in Article 71 of this Law and has at least three years of work experience at these jobs or at least five years of work experience in the profession, and who complies with the conditions referred to in Article 73, paragraph 3 of this Law.
Responsible Person for Testing of Work Environment Conditions - Biological Hazardous Agents
Article 79
The licence for performance of activities of a responsible person for testing conditions of the work environment - biological hazardous agents can be obtained by a natural person who has acquired higher education for a relevant profession by graduating from an academic or vocational study course of at least 240 ECTS credits, and specifically: graduated biologist or graduated ecologist or graduated molecular biologist and physiologist or specialist vocational biologist or specialist vocational ecologist, who has passed the professional examination referred to in Article 71 of this Law and has at least three years of work experience at these jobs or at least five years of work experience in the relevant profession and complies with the conditions referred to in Article 73, paragraph 3 of this Law.
3. Conditions for Licence Issuing to a Legal Person or Sole Trader
Performance of Activities of Occupational Safety and Health
Article 80
A legal person or a sole trader which employs for an indefinite period of time with full working hours at least two employees holding a licence of advisor for occupational safety and health and having at least three years of work experience gained at these jobs following graduation from the relevant educational course and which fulfils the conditions referred to in Article 73, paragraph 7 of this Law can be awarded with a license for performance of the occupational safety and health activities referred to in Article 50 of this Law.
A person who does not comply with the conditions referred to in paragraph 1 of this Article may not be employed by the legal person or sole trader for performance of occupational safety and health activities for which the licensed has been issued.
Performance of Activities of Inspection and Checking of Equipment for Work and Inspection and Testing of Electrical and Lightning Installations
Article 81
A legal person which, on the basis of right of ownership, rent or leasing has in possession the instruments and devices in accordance with the regulations in the field of occupational safety and health, the methodology for performance of specific inspections, checks and tests, which employs at least: one employee who is a graduated mechanical engineer or specialist vocational mechanical engineer or a graduated mining engineer or specialist vocational mining engineer, one employee who is a graduated electrical and computer engineer or specialist vocational electrical and computer engineer, one employee who is a graduated technological engineer, or specialist vocational master of technological engineering, one employee who is a graduated occupational safety and health engineer or specialist vocational occupational safety and health engineer, and which employs for an indefinite period of time with full working hours a responsible person holding the licence for performance of activities of inspections and checks of equipment for work and inspections and testing of electrical and lightning installations, and which complies with the conditions referred to in Article 73, paragraph 7 of this Law can be awarded with a license for performance of activities of inspections and checks of equipment for work and inspections and testing of electrical and lightning installations.
Performance of Activities of Testing the Conditions of Work Environment, i.e. Chemical and Physical Hazardous Agents (other than the Ionising Radiation), Microclimate and Illumination
Article 82
A license for performance of activities of testing the conditions of work environment, i.e. chemical and physical hazardous agents (other than the ionising radiation), microclimate and illumination can be issued to a legal person which on the basis of right of ownership, rent or leasing has in possession the instruments and devices, i.e. laboratories for testing and analyses in accordance with the regulations in the field of occupational safety and health, methodologies for performance of specific inspections and tests, which employs at least: one employed graduated engineer of technology or graduated chemist or graduated physical chemist, or a specialist vocational engineer of technology or a specialist vocational chemist or a specialist vocational physical chemist, one graduated mechanical engineer or a graduated electrical and computer engineer or a graduated physicist or a specialist vocational mechanical engineer or a specialist vocational electrical and computer engineer or a specialist vocational physicist or a graduated mining engineer or a specialist vocational mining engineer, one graduated engineer of occupational safety and health or a specialist vocational engineer of occupational safety and health, and which employs for an indefinite period of time with full working hours a responsible person holding the licence for performance of activities of testing conditions of the work environment, i.e. chemical and physical hazardous agents (other than the ionising radiation), microclimate and illumination, and which complies with the conditions referred to in Article 73, paragraph 7 of this Law.
Performance of Activities of Testing the Conditions of Work Environment - Biological Hazardous Agents
Article 83
A license for performance of activities of testing the conditions of work environment - biological hazardous agents can be issued to a legal person which on the basis of right of ownership, rent or leasing has in possession the instruments and devices, i.e. laboratories for testing and analyses in accordance with the regulations in the field of occupational safety and health, the methodologies for testing the presence of biological hazardous agents in a work environment, specifically by performing the quantitative and qualitative analysis of the sample of presence of biological hazardous agents, which employs at least one employee who is a graduated biologist or graduated ecologist or a graduated molecular biologist and physiologist or a specialist vocational biologist or a specialist vocational ecologist, and which employs for an indefinite period of time with full working hours a responsible person holding the licence for performance of activities of testing the conditions of work environment - biological hazardous agents, and which complies with the conditions referred to in Article 73, paragraph 7 of this Law.
Report on Completed Activities
Article 84
The holder of a licence for performance of occupational safety and health activities shall provide quarterly reports to the Administration on the completed activities based on the licence obtained.
The report shall in particular comprise the following data on the employer with which the activities are performed: the business name and seat; the number and date of contract conclusion; the business activity of the employer; the address of the construction site (where the activities are performed on a construction site) and the total number of employees.
Termination of Licence
Article 85
The licence shall cease to be valid:
1) Upon the expiry of the time limit for which it has been issued;
2) Based on the request of the holder of the license - natural person;
3) Based on the request of the responsible person with the legal person;
4) By revoking of the licence;
5) Upon winding up of the legal person or sole trader in compliance with the law.
The request for termination of the licence referred to in paragraph 1, items 2) and 3) of this Article shall be submitted to the Ministry in charge of the labour-related activities.
The licence holder shall be deleted from the register upon termination of the licence.
Revoking the Licence
Article 86
The Minister in charge of the labour-related activities can revoke a licence by means of a decision:
1) Where it is determined that a legal person or sole trader performs the occupational safety and health activities referred to in Article 72, paragraph 1, item 8) of this Law contrary to the law;
2) Where it is determined that a legal person performs the activities of inspection and check of the equipment for work and inspection and testing of electrical and lightning installations, or performance of activities of testing the conditions of work environment referred to in Article 72, paragraph 1, items 9) through 11) of this Law contrary to the law;
3) Where it is determined that the natural person referred to in Article 72, paragraph 1, items 1) through 4) of this Law performs the licensed activities contrary to the law;
4) Where it is determined that the responsible person referred to in Article 72, paragraph 1, items 5) through 7) of this Law performs the licensed activities contrary to the law;
5) Where it is determined that a licence holder no longer fulfils the conditions referred to in Articles 74 through 83 of this Law, during the licence validity term.
A legal person, sole trader and natural person whose licence has been revoked by means of a decision of the Minister in charge of the labour-related activities can re-submit the application for licence issuing upon expiry of five years from the licence revoking date.
The Ministry in charge of the labour-related activities shall publish on its website the list of legal and natural person whose licences for performance of activities in the field of occupational safety and health have been issued, revoked or ceased to be valid.
Initiating of Administrative Dispute
Article 87
A decision of the Minister in charge of the labour-related activities on issuing, renewal or revoking of a licence shall be final in administrative procedure.
An administrative dispute can be initiated against the decision referred to in Articles 72 and 86 of this Law.
XIII ADMINISTRATION FOR OCCUPATIONAL SAFETY AND HEALTH
Article 88
The Administration for Occupational Safety and Health, as part of the Ministry in charge of the labour-related activities, shall perform the tasks of state administration with the aim of improving and developing occupational safety and health, i.e. reducing the occupational injuries, occupational diseases and work-related diseases.
Article 89
The Administration shall perform the following activities:
1) Prepare regulations in the field of occupational safety and health, as well as the opinions for the application thereof;
2) Prepare the professional foundations for drawing up of the occupational safety and health strategy and monitor the implementation thereof;
3) Analyse the state of occupational safety and health, and prepare guidelines for the uniform implementation of the occupational safety and health measures contained in this Law and secondary legislation;
4) Research for and incite improvements in the field of occupational safety and health;
5) Provide expert assistance in the field of occupational safety and health;
6) Give consent to or prepare methodologies for performance of activities of inspections, checks and testing in the field of occupational safety and health;
7) Study the causes and occurrences resulting in occupational injuries, occupational diseases, and work-related diseases;
8) Organize taking of professional examinations referred to in Article 71 of this Law;
9) Supervise the work of legal persons and sole traders, as well as of the responsible persons holding licences and prepare proposals of decisions on issuing, renewal and revoking of licences referred to in Article 72, paragraph 1, items 5) through 11) and Article 86 of this Law;
10) Maintain the Register of Occupational Injuries;
11) Collect and analyse data on occupational injuries, occupational diseases, work-related diseases, and occurrences affecting the employees’ health;
12) Maintain records on who passed the professional examinations;
13) Maintain and update the register of issued, renewed and revoked licences;
14) Perform the information and documentation activity in the field of occupational safety and health;
15) Organize conferences, provide training for employees, employers, advisors i.e. associates for occupational safety and health, inspectors, and others, publish various materials and inform the public of the state of occupational safety and health field;
16) Ensure application of international acts in the field of occupational safety and health;
17) Encourage education and development of the work culture in the field of occupational safety and health, establish fulfilment of conditions for national acknowledgement awards in the field of occupational safety and health, and maintain the records thereof in which the name and surname of the natural person is entered;
18) Perform other activities laid down by the law.
In the procedure and for the purpose of making arrangements for taking the professional examinations referred to in Article 71 of this Law and preparation of proposals for the decisions on issuing, renewal and revoking of licences referred to in Articles 72 and 86 of this Law, the following pieces of personal data shall be processed: name, one parent’s name and surname of the person, place of birth, Unique Citizen’s Identification Number, place and address of domicile i.e. temporary residence, type and level of professional qualifications, activities that the person performs, contact telephone number and electronic mail address.
Article 90
With the aim of improving occupational safety and health in the Republic of Serbia, national acknowledgements in the field of occupational safety and health (hereinafter referred to as: acknowledgements) can be awarded to legal and natural persons, Committee for Occupational Safety and Health, organisations and associations for exceptional achievements in the field of occupational safety and health.
The types of acknowledgements shall be:
1) Charter "28th April";
2) Plaque "28th April";
3) Letter of Recognition "28th April".
The Charter "28th April" shall be awarded to a legal person or a sole trader, in three categories (with up to 50 employees, from 51 to 250 employees, and more than 251 employees) - for the special contribution and affirmation of occupational safety and health, through their lawful, timely and preventive actions aimed at implementation of the prescribed measures.
The Plaque "28th April" shall be awarded to natural persons, organizations and associations for results and credits achieved in the promotion of occupational safety and health.
The Letter of Recognition "28th April" shall be awarded to an advisor i.e. associate for occupational safety and health, employees’ representative, Committee for Occupational Safety and Health, organizations and associations which, through their work, contribute to raising awareness among the employees on the significance of occupational safety and health.
The acknowledgements shall be awarded on 28 April which is the Day of Occupational Safety and Health in the Republic of Serbia.
Legal and natural persons, sole traders, employees’ and employers’ organizations and other associations may submit to the Administration an initiative for awarding acknowledgements.
Fulfilment of conditions for awarding acknowledgments shall be assessed by the Administration, with participation of the representatives of the social partners, i.e. representative employees’ and employer’s organisations, labour inspectors and other experts in the field of occupational safety and health.
The Administration shall submit the proposal for awarding acknowledgements to the Minister in charge of the labour-related activities.
The contents and appearance of the national acknowledgements shall be prescribed by the Minister in charge of the labour-related activities.
Article 91
Inspection of the application of this Law, regulations passed on the basis of this Law, technical and other measures relating to occupational safety and health, as well as of the implementation of occupational safety and health measures laid down by the risk assessment act, collective agreement, rulebook on occupational safety and health, employment rulebook or employment contract, shall be performed by the Ministry in charge of the labour-related activities through the labour inspectors.
Article 92
The supervision by the inspection in the field of occupational safety and health shall be carried out by labour inspectors possessing higher education through graduation from a study course of the scope of at least 240 ECTS credits within the educational and scientific area of technical and technological sciences, natural sciences and mathematics, medical sciences or social sciences and humanities and at least three years of work experience gained in the profession.
Article 93
In performing supervision, the labour inspector shall have the official ID card, badge and adequate type of clothing, footwear and equipment.
In the course of inspection procedure, a labour inspector shall have the right and duty to take actions whereby occupational safety and health is checked, and in particular the hygiene and work conditions, the production, use and maintenance of the means for work, personal protective equipment, the chemical substances and other, as well as to:
1) Examine the general and individual acts, records and other documentation and, where necessary, take photographs thereof, make photocopies or scans in order to join them to the case file;
2) Inspect the personal or other public document bearing a photograph, to hear and take statements from the persons found in a site, from the responsible and interested persons;
3) Inspect the means for work, personal protective equipment and other means used in the work process or connected to it in any manner whatsoever;
4) Take photographs and record by camera the workplace, the means for work, the work environment in which the inspection is carried out and anything else of significance for carrying out of the inspection;
5) Order for measurements to be taken by some other expert organisation where an employer performs measuring in certain areas independently or through a certain expert organisation and the results of the measurements taken give grounds for doing so;
6) Provide notifications and advice in the field of occupational safety and health, as well as on the measures through the application of which implementation of this Law shall be ensured in the most efficient manner, to employers, employees, their representatives, and trade unions;
7) In accordance with the application submitted, notify the employer and the employee or the employees’ representative of the performed inspection and established state of affairs;
8) Take other actions for which he is authorized by virtue of another regulation.
The Minister in charge of the labour-related activities shall prescribe the appearance of the badge and the adequate type of clothing worn by the labour inspector, his footwear and equipment.
Article 94
The employer shall enable the following to the labour inspector for the purpose of carrying out inspection:
1) Entry into facilities and premises, at any time when the employees are present at work;
2) Designation of at least one employee who will provide the inspector with necessary information and notifications, give data, acts and documentation;
3) Inspection of the stability of the structure of the facility for collective occupational safety and health, and the facility itself, and of the auxiliary structure and facility, as well as of the structure and facility which are temporarily used by employees for work and movement;
4) Inspection of the applied measures of occupational safety and health on the means for work and in the work environment;
5) Inspection of personal protective equipment;
6) Inspection of data and records on production, use and storing of chemical substances.
Article 95
The labour inspector shall carry out the inspection promptly in response to a report made by the employer i.e. the home affairs authority, medical institution or based on information on any fatal, grave or collective occupational injury that has occurred in a workplace and in a work environment, as well as on any dangerous occurrence which could jeopardize occupational safety and health, i.e. immediately upon the receipt of an application, i.e. notification referred to in Article 39, paragraphs 3 and 4 of this Law.
During inspection of a fatal, grave or collective occupational injury, carried out by a labour inspector or another competent authority, with the aim of providing evidence, the employer shall suspend work at the workplace i.e. on the means for work where these injuries have happened.
Article 96
The labour inspector shall ban the work at a workplace with the employer for the duration of the circumstances posing a threat to the safety and health of an employee, and in particular upon establishing the following:
1) That employee’s safety and health are endangered directly;
2) That a means for work is being used on which no occupational safety and health measures have been applied;
3) That an employee does not use the prescribed personal protective equipment;
4) That an employee works in a workplace involving increased risk without fulfilment of the prescribed requirements for work in that workplace, as well as if he failed to undergo the medical examination within the prescribed time limit;
5) That the employee has not been trained for safe and healthy work;
6) That the employer failed to implement the measures or to complete the actions ordered by the labour inspector for the purpose of removal of irregularities that can jeopardize the safety and health of an employee.
The labour inspector shall deliver the banning order referred to in paragraph 1 of this Article, imposed in a workplace of the employer that performs works in temporary or movable construction sites, to the investor as well i.e. to the investor’s representative and coordinator for safety and health in the phase of execution of works.
Where the application of measures, i.e. the need for adjusting to the prescribed occupational safety and health measures constitutes a deficiency the removal of which entails substantial investments, and employees’ lives and health are not heavily endangered, the labour inspector may order the employer to draw up a special program of gradual removal of deficiencies with fixed time limits for the removal thereof.
The labour inspector may order the implementation of a generally recognized measure whereby occupational hazard can be eliminated or risk for employees’ health can be mitigated, to the extent possible.
Article 97
The labour inspector shall ban work in temporary or movable construction sites for the duration of circumstances which lead to jeopardizing of an employee’s occupational safety and health, in particular where he has determined:
1) That an employee who has not been trained for safe and healthy work works in the construction site;
2) That an employee who has not undergone medical examination within the prescribed time limit works in the construction site, at a workplace involving increased risk;
3) That a person has been hired to work in the construction site with whom no employment contract or some other contract, in accordance with the regulation governing labour, has been concluded prior to his beginning of work and/or if that person has not been registered in the Central Register of Mandatory Social Insurance;
4) That a means for work on which no occupational safety and health measures have been applied is used in the construction site;
5) That no prescribed temporary structures and facilities for work and movements of employees (tunnel shoring, deep trench shoring structures, etc.) have been provided in the construction site;
6) That an employer hit with a ban on work at a workplace in temporary or movable construction sites by virtue of a labour inspector’s order, has not implemented such ban ordered by the labour inspector and has instead resumed work amidst the duration of circumstances which lead to jeopardizing of the employees’ safety and health.
The banning order referred to in paragraph 1 of this Article shall be imposed against the investor i.e. the representative of the investor, in compliance with the regulations on occupational safety and health in temporary or movable construction sites.
The ban referred to in paragraph 1 of this Article shall last for the duration of circumstances which jeopardize the employees’ safety and health in the construction site, and for a minimum of three days from the date of ban’s issuance if the circumstances which lead to jeopardizing of the safety and health in the construction site are identified for the first time.
The ban referred to in paragraph 1 of this Article shall last for the duration of the circumstances which jeopardize the occupational safety and health in the construction site, and for a minimum of 15 days if the circumstances which lead to jeopardizing of the occupational safety and health in the construction site are identified for the second time.
The ban referred to in paragraph 1 of this Article shall last for the duration of the circumstances which jeopardize the occupational safety and health in the construction site, and for a minimum of 30 days if the circumstances which lead to jeopardizing of the occupational safety and health in the construction site are identified for the third time.
The labour inspector shall publicly post the work banning order referred to in paragraph 1 of this Article in a prominent place in the construction site, and to visibly mark the construction site.
The contents and the appearance of the banning order referred to in paragraphs 1 through 6 of this Article and Article 96, paragraph 2 of this Law shall be prescribed by the Minister in charge of the labour-related activities.
Article 98
Taking of measures and activities by the application and execution of which occupational safety and health of employees shall be ensured in compliance with the provisions of this Law shall be ordered by the labour inspector by means of a decision.
An appeal can be filed against the decision passed by the labour inspector with the Minister in charge of the labour-related activities, within 15 days from the serving of the decision.
The appeal shall not stay the enforcement of a decision which orders a work ban.
The decision on the appeal, rendered by the Minister in charge of the labour-related activities, shall be final in administrative proceedings, and an administrative dispute can be initiated against it.
Article 99
The employer shall, within the time limit set by the labour inspector, take the ordered measures and remove the identified deficiencies or irregularities.
The employer shall notify the competent inspection in writing or electronically of execution of the order given, within eight days from the expiry of the time limit for removal of identified deficiency or irregularity.
Article 100
The employer having the status of legal person shall be sanctioned for a misdemeanour with a fine ranging from RSD 1,500,000 to RSD 2,000,000:
1) If it fails to provide for and to implement the preventive occupational safety and health measures laid down by this Law and regulations passed on the basis of this Law (Article 9, paragraph 1);
2) If it fails to provide for the employee’s safety and health in all of the employer’s activities and in all the levels of work organisation and work process (Article 9, paragraph 2);
3) If it fails to take measures and to ensure that only those employees issued with relevant instructions and permissions for work have access to the zones in which serious, unavoidable or imminent danger is present or a hazardous agent that can jeopardize the employee’s health (Article 10, paragraph 3);
4) If it fails, while organising work and work process, to ensure preventive measures for the purpose of protecting employees’ lives and health, including provision of information and training to employees, as well as if it fails to provide the necessary financial means for their application (Article 12, paragraph 1);
5) If it fails to designate by means of a written act an advisor, i.e. an associate for occupational safety and health (Article 15, paragraph 1, item 1);
6) If it assigns the employee to perform the tasks in a workplace and in a work environment in which the occupational safety and health measures have not been implemented (Article 15, paragraph 1, item 2);
7) If it fails to adopt a program and to provide training for the employee for the purpose of safe and healthy work (Article 15, paragraph 1, item 4, Articles 33 and 34);
8) If it fails to provide personal protective equipment to be used by the employee in compliance with the risk assessment act (Article 15, paragraph 1, item 5);
9) If it fails to ensure that the means for work and personal protective equipment are kept, by means of maintenance, in good working condition (Article 15, paragraph 1, item 6);
10) If it fails to provide, based on risk assessment act and the assessment provided by the medical institution engaging in occupational health-care, the prescribed medical examinations of the employees in compliance with this Law (Article 15, paragraph 1, item 8);
11) If it fails to ensure the provision of first aid, and also if it fails to train an adequate number of employees for provision of first aid (Article 15, paragraph 1, item 9);
12) If it fails to stop any kind of work that presents a serious, unavoidable and imminent danger to the lives or health of the employees (Article 15, paragraph 1, item 10);
13) If it fails to pass a risk assessment act in writing regarding all workplaces in the work environment, and fails to lay down the method, the measures and the time limits for elimination or minimization of the risks as much as possible (Article 16, paragraph 1);
14) If it fails to ensure that the measures laid down by the risk assessment act are integrated in all of the employer’s activities and on all the levels (Article 16, paragraph 3);
15) If it fails to amend the risk assessment act in case of occurrence of any new danger or hazardous agent and any change in the risk level in the work process, introduction of a new workplace and a new technology and a change in the conditions of the work environment (Article 16, paragraph 4);
16) If, based on an impartial assessment provided by a medical institution engaging in occupational health-care, it fails to lay down, by means of the risk assessment act, the special health-related mandatory requirements that the employees at workplaces involving increased risk must meet (Article 17, paragraph 1);
17) If it fails to provide the means and equipment for provision of first aid by taking into account the estimated risks, work process, organisation, nature and scope of the work process, the number of employees participating in the work process, number of work shifts, number of units in separate locations, the frequency of occupational injuries and the distance to the nearest medical help (Article 18);
18) If it starts operating an activity for which compliance with the prescribed conditions in the field of occupational safety and health is required in accordance with this Law, but fails to obtain the decision on compliance with the conditions for commencement of operation (Article 21, paragraph 3);
19) If it fails to submit, for the purpose of building construction works in compliance with the regulations on occupational safety and health in temporary or movable construction sites, as well as for the purpose of carrying out works in a worksite in compliance with the regulations on occupational safety and health, an application for beginning of work to the competent labour inspection no later than eight days prior to the beginning of execution of works (Article 22, paragraph 1);
20) If it fails to draw up the prescribed construction site layout plan where the works take longer than three consecutive days to complete and fails to draw up the prescribed worksite layout plan and if it fail to deliver them to the competent labour inspection no later than eight days prior to the beginning of execution of works (Article 22, paragraph 2);
21) If it, fails to ensure that the permission for work is issued prior to the beginning of the works at height, in the depths, in confined spaces, in the spaces with potentially explosive atmospheres, on an energy facility, when using hazardous chemical substance, work in the zones in which a serious, unavoidable or imminent danger or a hazardous agent is present with the potential to jeopardize the health of the employee (Article 27, paragraph 1);
22) If it fails to provide personal protective equipment for employee in good working order and if it fails to conduct training for its adequate use (Article 28);
23) If it fails to organize the occupational safety and health activities in compliance with this Law, i.e. if it designates for the performance of these activities a person who has not passed the professional examination, in compliance with this Law, for performance of occupational safety and health activities and does not possess a licence for performance of activities of an advisor, i.e. associate for occupational safety and health (Article 46, paragraphs 1 and 4);
24) If it, when engaging in the business activities of civil engineering, agriculture, forestry and fisheries, mining, processing industry, electricity supply, natural gas supply, steam supply and air conditioning (other than the trade in electricity and gaseous fuels through the gas pipeline network), water supply, waste water management, control of the waste elimination process, wholesale trade, traffic and warehousing and the similar business activities, as well as in the activities of health-care and social protection, fails to appoint an advisor for occupational safety and health who complies with the conditions prescribed by this Law (Article 48);
25) If it fails, when engaging in business activities which are not mentioned in Article 48, paragraph 1 of this Law, to appoint an associate for occupational safety and health who complies with the conditions prescribed by this Law (Article 49);
26) If it fails to enable, in compliance with this Law, the continuous upgrading of knowledge in the field of occupational safety and health to an employee designated by him for performance of those activities (Article 53, paragraph 1);
27) If it fails to provide paid leave for continuous upgrading of knowledge for the purpose of licence renewal, in compliance with the law, to the persons referred to in Article 53, paragraph 2 of this Law (Article 53, paragraph 3);
28) If it fails to provide a preliminary medical examination to an employee at a workplace involving increased risk prior to the beginning of employment, i.e. a periodical medical examination during employment (Article 56, paragraph 1);
29) If it fails to provide preliminary and periodical medical examinations to an employee who performs work at night, in compliance with the law (Article 56, paragraph 2);
30) If it fails to report immediately, and no later than 24 hours from the occurrence, orally, in writing or electronically to the competent labour inspection and to the competent home affairs authority each fatal, collective or severe occupational injury, as well as any dangerous occurrence that could jeopardize employees’ safety and health (Article 64, paragraph 1);
31) If it fails to report immediately, and no later than within five working days from the date of occurrence, orally, in writing or electronically to the competent labour inspection any minor occupational injury due to which the employee is unfit for work for more than three days (Article 64, paragraph 2);
32) If it fails to deliver the report on occupational injury and occupational disease that have occurred at the workplace to the employee who has suffered the injury i.e. who was diagnosed with an occupational disease, to the organisation competent for medical insurance and to the Administration (Article 65, paragraph 1);
33) If it fails to enable to the labour inspector, for the purpose of inspection, entry into the facilities and premises, at any time when the employees are present and working; if it fails to designate at least one employee to provide the inspector with necessary information and notifications, as well as to provide data, acts and documentation; if it fails to enable inspection of the stability of the structure and facility for collective occupational safety and health and of the auxiliary structure and facility, as well as of the structure and facility which are temporarily used by employees for work and movement; if it fails to enable inspection of the applied occupational safety and health measures on the means for work and in the work environment; if it fails to enable inspection of the personal protective equipment and inspection of data and records on production, use and storing of the chemical substances (Article 94);
34) If it, within a set time limit, fails to remove the deficiencies and irregularities identified, the removal of which has been ordered by the labour inspector by means of a decision (Article 99, paragraph 1);
35) If it fails to notify the competent inspection in writing or electronically of execution of the order given, within eight days from the expiry of the time limit for removal of the identified deficiency or irregularity (Article 99, paragraph 2).
An employer sole trader shall be sanctioned with a fine ranging from RSD 400,000 to RSD 500,000 for the misdemeanour referred to in paragraph 1 of this Article.
The director i.e. another responsible person with the employer shall be sanctioned with a fine ranging from RSD 50,000 to RSD 150,000 for the misdemeanour referred to in paragraph 1 of this Article.
The employer - natural person shall be sanctioned with a fine ranging from RSD 50,000 to RSD 150,000 for the misdemeanour referred to in paragraph 1 of this Article.
Article 101
An employer having the status of a legal person shall be punished for a misdemeanour with a fine ranging from RSD 1,000,000 to RSD 1,500,000:
1) If it fails to lay down the rights, obligations and responsibilities in the field of occupational safety and health by means of a general act (Article 14);
2) If it fails to notify the employees and the employees’ representatives of the dangers and hazardous agents that may lead to occupational injuries and impairments of health which occur through the introduction of new technologies and means for work and fails to pass adequate guidelines for safe and healthy work in such cases (Article 15, paragraph 1, item 3);
3) If it fails to hire a licensed legal person for the purpose of conducting preventive and periodical inspections and checks of the equipment for work and inspections and testing of the electrical and lightning installations, as well as the preventive and periodical testing of the conditions of the work environment, i.e. the chemical, physical hazardous agents (other than the ionising radiation), microclimate and illumination and biological hazardous agents (Article 15, paragraph 1, item 7);
4) If it fails to notify all the employees, who are or who could be exposed to a serious, unavoidable and imminent danger, of the risks present and of the measures that have been or will be taken with the aim of protection and if it fails to take measures and issue instructions in order to enable the employees to stop working and/or immediately leave the workplace and go to a safe place in case of a serious, unavoidable and imminent danger (Article 19, paragraphs 1 and 2);
5) If it fails to, immediately upon the occurrence thereof, orally and in writing notify the competent labour inspection of the performance of emergency repair works on infrastructure facilities for the purpose of removing failures or in case of a sudden and uncontrolled occurrence on the facility, and if it fails to apply the measures in compliance with the risk assessment act while performing the emergency repair works and remedial treatment (Article 23);
6) If it fails to conclude, with another employer with which it shares the work space in performance of activities, prior to the beginning of performance of activities, an agreement on application of the prescribed occupational safety and health measures and fails to designate a person for coordination of implementation of joint measures whereby occupational safety and health of all the employees is ensured (Article 24);
7) If it fails to take measures aimed at preventing access to the facility grounds used as working or appurtenant space, including also an outdoor facility, to the persons and vehicles which have no grounds for being there (Article 25);
8) If it fails to lay down the procedure and the method for issuing a work permission (Article 27, paragraph 2);
9) If it hands out to the employees the work equipment to be used and personal protective equipment which are not in conformity with the prescribed technical requirements, of if it has failed to provide instructions for their use and maintenance, as well as if it has failed to provide instructions for safe work in accordance with the regulations governing occupational safety and health applicable to use of work equipment (Article 29);
10) If it issues to employees some hazardous chemical substances and other chemical substances for which the obligation to draw up and provide the safety data sheet is prescribed, but fails to make available to them the safety data sheet, or where neither of the two have been applied - the measures arising from the contents of the safety data sheet and additional measures on conditions that secure occupational safety and health in compliance with the regulations governing chemicals (Article 30);
11) If it fails to draw up a special program on gradual removal of deficiencies identified in the risk assessment act, i.e. if it fails to set the time limits for the realisation of the program (Article 32);
12) If it fails to inform the employee, in the manner laid down by this Law, of the safe method of the work process performance, where some additional training is required for safe and healthy work in the work process concerned (Article 36, paragraph 1);
13) If in a case of a serious occupational injury, a fatal occupational injury or a collective occupational injury involving a serious or fatal injury sustained at work, it fails to immediately, and no later than within eight days from the date of the occurrence of the injury, undertake additional training of the employees at that workplace in the organisational unit in which the injury occurred, which includes the obligation to inform all employees (Article 36, paragraph 2);
14) If it fails to provide to an employed woman working during pregnancy, employed woman who has given birth and to those who are breastfeeding, to an employee younger than 18 years of age, persons with disabilities and to an employee suffering from a diagnosed occupational disease, a written notification of the results of the risk assessment and of the measures whereby the risks are eliminated with the aim of increasing occupational safety and health (Article 36, paragraph 3);
15) If it fails to warn each person, which is found in the working environment and of whose presence therein the employer is aware, of the dangers and hazardous agents occurring in the work process, i.e. of the safety and health measures that they must apply, as well as if it fails to direct them to the safe zones for movement (Article 37, paragraph 1);
16) If it fails to visibly mark and put up occupational safety and/or health signs (Article 37, paragraph 2);
17) If it fails to notify the competent labour inspection when an employee has refused to work in the cases laid down in Article 39, paragraph 1 of this Law (Article 39, paragraph 4);
18) If it fails to introduce the legal person of the sole trader enlisted by it for performance of occupational safety and health activities, to the work process, risks involved in the work process and the measures applied to eliminate the risk and fails to inform them of the beginning of operation of each separate unit, of the beginning of execution of works in a construction site i.e. in a worksite, and of hiring of each new employee (Article 51);
19) If it fails to transfer an employee who is performing tasks in a workplace involving increased risk and who has been found unfit for such workplace after undergoing the procedure of a periodical medical examination where it was found that that the special health-related requirements have not been met by the employee, to another workplace that is suitable to his health capabilities (Article 56, paragraph 4);
20) If it fails to insure the employees against occupational injuries and occupational diseases, in order to ensure compensation for damage (Article 67, paragraph 1).
The employer - sole trader shall be sanctioned with a fine ranging from RSD 200,000 to RSD 400,000 for the misdemeanour referred to in paragraph 1 of this Article.
The director i.e. another responsible person with the employer shall be sanctioned with the fine ranging from RSD 30,000 to RSD 150,000 for the misdemeanour referred to in paragraph 1 of this Article.
The employer - natural person shall be sanctioned with a fine ranging from RSD 30,000 to RSD 150,000 for the misdemeanour referred to in paragraph 1 of this Article.
Article 102
An employer having the status of a legal person shall be sanctioned with a fine amounting to RSD 300,000 for a misdemeanour:
1) If it fails to provide conditions for independent and impartial performance of activities relating to employees’ health protection to the enlisted medical institution engaging in occupational health-care (Article 17, paragraph 2);
2) If it fails to, eight days before the beginning of operation at the latest, notify the competent labour inspection of the beginning of its operation, operation of a separate unit, or any modification of the technological process, if the conditions of work are changed by these modifications (Article 20);
3) If it fails to regulate by means of the general act referred to in Article 14 of this Law the obligations and responsibilities related to daily monitoring and control of the application of occupational safety and health measures (Article 46, paragraph 2);
4) If it enlists for the performance of occupational safety and health activities a legal person or a sole trader which does not hold the relevant licence (Article 46, paragraph 5);
5) If it fails to enable the employees to select their representative for occupational safety and health or if it fails to appoint its representative (Article 57);
6) If it fails to enable prior and timely consultations with employees, employees’ representative and/or the Committee in connection to all the measures impacting or potentially impacting safety and health of the employees, or to organisation of occupational safety and health activities and designation of employees referred to in Article 15, paragraph 1, item 9) of this Law, or passing of the acts relating to occupational safety and health, or planning and organisation of the training referred to in Article 33 of this Law (Article 58, paragraph 1);
7) If it fails to inform the employees or the employees’ representatives and/or the Committee of the risks occurring in the workplace in the work environment and of the preventive measures of occupational safety and health and activities related to the technological and work process with the employer, or of the records of occupational injuries and occupational diseases and of the measures taken for occupational safety and health, or of the measures taken to prevent imminent danger to life and health (Article 59);
8) If it fails to maintain and keep the prescribed records (Article 62);
9) If, at the latest within five days from the date of delivery of the opinion of the medical institution that has diagnosed an occupational disease, it fails to report the occupational disease to the competent labour inspection (Article 64, paragraph 3);
10) If it fails, in case of a fatal, grave or collective occupational injury, to suspend work at the workplace i.e. on the means for work where these injuries have occurred, with the aim of securing evidence (Article 95, paragraph 2).
An employer who is a sole trader shall be sanctioned with a fine amounting to RSD 150,000 for the misdemeanour referred to in paragraph 1, item 2 of this Article.
The director, i.e. another responsible person with the employer shall be sanctioned with a fine amounting to RSD 40,000 for the misdemeanour referred to in paragraph 1 of this Article.
An employer who is a natural person shall be sanctioned with a fine amounting to RSD 40,000 for the misdemeanour referred to in paragraph 1 of this Article.
Article 103
A medical institution engaging in occupational health-care shall be sanctioned with a fine amounting to RSD 300,000 for a misdemeanour if it fails to provide the prescribed report on employee’s medical examination (Article 54, paragraph 2, item 6).
A responsible person with the medical institution shall be sanctioned with a fine amounting to RSD 40,000 for the misdemeanour referred to in paragraph 1 of this Article.
Article 104
A legal person shall be sanctioned with a fine amounting to RSD 300,000 for a misdemeanour:
1) If it fails, at the latest within 30 days from the date of the executed inspection and check, i.e. testing, to issue the expert finding of the completed inspection and check of the equipment for work and inspection and testing of electrical and lightning installations or testing the conditions of the work environment (Article 15, paragraph 3);
2) If it performs the occupational safety and health activities referred to in Article 50 of this Law, without holding the relevant licence (Article 72, paragraph 1, item 8);
3) If it performs the activities of inspection and check of equipment for work and inspection and testing of electrical and lightning installations, testing of the conditions of work environment, i.e. of chemical and physical hazardous agents (other than the ionising radiation), microclimate and illumination and testing of the conditions of work environment - biological hazardous agents, without holding the relevant licence (Article 72, paragraph 1, items 9, 10 and 11);
An employer who is a sole trader shall be sanctioned with a fine amounting to RSD 150,000 for the misdemeanour referred to in paragraph 1, item 2 of this Article.
Both, a responsible person with the legal person and an employee with the legal person who, without holding the relevant licence (Article 72, paragraph 1, items 5, 6 and 7) perform the activities of the responsible person eligible only with the prescribed licence, shall be sanctioned with a fine amounting to RSD 40,000 for the misdemeanour referred to in paragraph 1 of this Article.
Article 105
A legal person engaging in occupational safety and health activities referred to in Article 50 of this Law shall be sanctioned with a fine amounting to RSD 100,000 if it fails to provide to the Administration the quarterly reports on the completed activities based on the licence granted (Article 84, paragraph 1).
The employer - sole trader shall be sanctioned with a fine amounting to RSD 50,000 for the misdemeanour referred to in paragraph 1 of this Article.
The responsible person with the legal person shall be sanctioned with a fine amounting to RSD 20,000 for the misdemeanour referred to in paragraph 1 of this Article.
Article 106
The advisor i.e. the associate for occupational safety and health shall be sanctioned with a fine amounting to RSD 50,000 for the misdemeanour if he fails to perform the activities laid down by this Law (Article 50).
Article 107
An employee shall be sanctioned with a fine amounting to RSD 20,000 for the misdemeanour:
1) If he fails to take care of his own occupational safety and health, as well as of the safety and health of other persons who may be affected by his work, in accordance with the training for safe and healthy work and instructions for safe and healthy work obtained from the employer, if he fails to apply the prescribed measures for safe and healthy work, if he uses the means for work, chemical and other substances in the manner which differs from their intended purpose, if he fails to use the personal protective equipment and fails to handle it with care and to return it properly to the place intended for its keeping, if he arbitrarily shuts off, alters or removes the safety devices on the means for work (Article 41);
2) If he, in accordance with what he has found out, fails to immediately notify the employer, i.e. the immediate supervisor, of any irregularities, dangers, hazardous agents or other deficiencies in implementation of occupational safety and health measures which could jeopardize his safety and health or the safety and health of other employees and other persons in the workplace (Article 42, paragraph 1).
XVII TRANSITIONAL AND FINAL PROVISIONS
Article 108
The secondary legislation envisaged by this Law shall be passed within 18 months from the date of entry into force of this Law.
The secondary legislation passed on the basis of the Law on Occupational Safety and Health ("Official Herald of the RS", No. 101/05, 91/15 and 113/17 - other law) shall continue to be applicable until the adoption of the secondary legislation referred to in paragraph 1 of this Article, unless where such legislation is contrary to this Law.
Application of Secondary Legislation
Article 109
The occupational protection measures (rules) contained in the following regulations shall apply pending the adoption of the regulations on preventive measures for occupational safety and health, providing that they are not contrary to this Law:
1) Rulebook on special measures of occupational protection in processing of non-metallic minerals ("Official Herald of the SRS", number 2/83);
2) Rulebook on special measures of occupational protection in railway transport ("Official Herald of the SRS", number 19/85);
3) Rulebook on special measures of occupational protection in ferrous metallurgy ("Official Herald of the SRS", number 25/87);
4) Rulebook on special measures of occupational protection in forestry ("Official Herald of the SRS", number 33/88);
5) Rulebook on special measures of occupational protection in mechanical processing and treatment of wood and similar materials ("Official Herald of the SRS", number 51/88);
6) Rulebook on general measures of occupational protection from dangerous effects of electrical current in the facilities intended for work, work premises and in worksites ("Official Herald of the SRS", number 21/89);
7) Rulebook on occupational protection in execution of construction works ("Official Herald of the SRS", number 53/97).
Article 110
Until the adoption of the regulations on general and special measures of occupational protection and health, unless they are contrary to this Law, the following measures of occupational protection (rules) shall apply, as they are contained in the following regulations:
1. Rulebook on hygienic and technical protection measures in scuba diving works ("Official Gazette of the FPRY", number 36/58);
2. Rulebook on hygienic-technical protection measures in port-transport work ("Official Gazette of the FPRY", number 14/64);
3. Rulebook on occupational protection in maintenance of motor vehicles and motor vehicle transport ("Official Gazette of the FPRY", number 55/65);
4. Rulebook on occupational protection in loading of cargo into the cargo motor vehicles and unloading of cargo from such vehicles ("Official Gazette of the FPRY", number 17/66);
5. Rulebook on occupational protection and on technical measures for acetylene developers and acetylene stations ("Official Gazette of the FPRY", No. 6/67, 29/67, 27/69, 52/90 and 6/92);
6. Rulebook on occupational protection in agriculture ("Official Gazette of the SFRY", number 34/68);
7. Rulebook on occupational protection in production of explosives and gunpowder and manipulation of explosives and gunpowder ("Official Gazette of the SFRY", number 55/69 and "Official Herald of the RS", number 109/21);
8. Rulebook on special measures and norms in occupational protection in processing and treatment of leather, fur and leather scraps ("Official Gazette of the SFRY", number 47/70).
Validity of a Passed Professional Examination and Licences Issued
Article 111
The professional examination for performance of occupational safety and health activities and for performance of activities of a responsible person and the passed professional examination for performance of activities of a coordinator for occupational safety and health in the phase of project drafting and a coordinator for occupational safety and health in the phase of execution of works, passed prior to the entry into force of this Law shall remain valid.
A natural person submitting the application for issuing of a relevant licence for the first time in compliance with this Law shall not be obliged to provide proof of continuous improvement of knowledge, i.e. other relevant proof.
A person who has performed the occupational safety and health activities for at least three years prior to entry into force of this Law, and who does not comply with the conditions laid down in Articles 48 and 49 of this Law, as well as a person who fulfils the condition referred to in Article 40, paragraph 3 of the Law on Amendments and Supplements to the Law on Occupational Safety and Health ("Official Herald of the RS", number 91/15) can continue to perform these activities upon obtaining the relevant licence depending on the business activity in which he has been performing the occupational safety and health activities.
A person which has performed the occupational safety and health activities for less than three years prior to entry into force of this Law, and which does not fulfil the conditions laid down in Articles 48 and 49 of this Law, can continue to perform these activities until fulfilment of the conditions laid down by this Law, but no longer than five years, except for the person who has no more than five years remaining to fulfil the conditions for acquiring the right to retirement pension in accordance with the regulations on pension and disability insurance.
The licences issued to legal persons and sole traders for the performance of activities in the field of occupational safety and health under the provisions of the Law on Amendments and Supplements to the Law on Occupational Safety and Health shall remain valid until the expiry of the period for which they have been issued.
The responsible persons for performance of activities of inspection and checking of equipment for work and testing conditions of working environment whose licences have been issued five and more than five years ago shall submit applications for renewal of their licences in compliance with this Law without any delays, and within 90 days from the date of entry into force of this Law at the latest, while the responsible persons for the performance of activities of inspection and checking of equipment for work and testing conditions of working environment whose licences have been issued less than five years ago shall submit the applications for licence renewal in compliance with this Law no later than 60 days before the expiry of the five years’ period from the licence issuing date.
Employers shall organize their business operations in compliance with this Law within two years from the date of entry into force of this Law.
Termination of Regulations’ Validity
Article 112
The Law on Occupational Safety and Health ("Official Herald of the RS", No. 101/05, 91/15 and 113/17 - other law) and the provisions of Article 5 and Article 6, paragraph 1 of the Regulation on occupational safety and health in temporary or movable construction sites ("Official Herald of the RS", No. 14/09, 95/10 and 98/18) shall be repealed from the date of entry into force of this Law.
Article 113
This Law shall enter into force on the eighth day from the date of the publication in the "Official Herald of the Republic of Serbia".