Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Occupational Safety and Health Convention, 1981 (No. 155) - North Macedonia (Ratification: 1991)

Other comments on C155

Direct Request

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Legislation. The Committee notes the information provided by the Government regarding the transposition of a number of European Union directives into national legislation during the reporting period, namely through the adoption of the Rulebook on Minimal Requirements on Occupational Safety and Health for Work on Board Fishing Vessels and of the Rulebook on the Minimal Requirements for Occupational Safety and Health of Workers regarding Risks Related to Exposure of Physical Agents (Electromagnetic Fields). It also notes the information provided on the effect given to Articles 5(c) and 19(d) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Articles 4, 5, 6, 7 and 15 of the Convention. Principles of a national policy on occupational safety and health (OSH). The Committee notes the information provided by the Government regarding the establishment in 2011 of the Occupational Safety and Health Council (hereinafter “the Council”), an expert advisory body composed of representatives of the Government and of the most representative organizations of employers and workers tasked with reviewing and providing opinions on the national OSH Programme and Strategy, the drafting of OSH laws and regulations and on the state of OSH (section 43 of the Law on Occupational Safety and Health). The Committee also notes that the Government adopted a Programme on OSH which determines the Strategy on the Development of OSH (hereinafter the “Strategy”) in relation to the protection of life, health and the prevention of occupational accidents and diseases. The Strategy adopted for the 2011–15 period aims to include all of the relevant factors for the achievement of a modern, effective and efficient OSH system in the country which will contribute to the reduction of occupational injuries and diseases. The Strategy also served as the basis for the 2013–14 Action Plan for OSH, which determines, on the basis of the objectives of the OSH Programme, the specific actions, measures, time frame, responsible authorities and indicators for the monitoring and evaluation of the proposed activities. The Government further indicates that the implementation of the Strategy and the Action Plan is achieved through inter-sectoral activities and through social dialogue and the development of tripartite partnerships. However, the Committee notes that the Government does not provide sufficient information on the OSH principles contained in the Programme, Strategy and Action Plan, and therefore does not enable it to evaluate whether these components of the national policy give effect to the requirements of Articles 5, 6, 7 and 15 of the Convention. The Committee requests the Government to provide further information on the OSH Council, particularly with regard to its functions and the frequency of its meetings. It also requests the Government to provide detailed information on the manner in which the principles of Part II of the Convention are taken into account in the components of national policy, to provide information on the results of consultations held with regard to the implementation and periodical review of national policy, and to submit copies of relevant national OSH documents, including the Programme, Strategy and Action Plan.

Article 10. Guidance to employers and workers. The Committee notes the indication of the Government that in April 2013, a fair was held in Skopje to inform employers of their legal obligations in relation to OSH and to share new expertise and skills in this field. The Committee requests the Government to provide further information on measures taken or envisaged to ensure that guidance is provided to employers and workers so as to help them to comply with the legal obligations in relation to OSH.

Articles 11(a)–(f), 12(a)–(c), 14 and 19(e). Obligation of the competent authorities to ensure that certain functions are progressively carried out. Obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Measures taken or envisaged with a view to promoting the inclusion of questions of OSH at all levels of education and training. Inquiries by the workers or their representatives on OSH questions and the possibility of involving technical advisers. The Committee notes that the Government has once again omitted to provide responses to the comments it formulated in 2008 regarding the effect given to the abovementioned Articles. The Committee once again reiterates its request that the Government provide information on the measures taken, in law and in practice, to give effect to Articles 11(a)–(f), 12(a)–(c), 14 and 19(e) of the Convention.

Application of the Convention in practice. The Committee notes the indication of the Government, in response to the Committee’s request, that a seminar on mobile construction sites was held in early 2013 and attended by construction company representatives, which included a presentation by OSH inspectors. The Committee also notes the statistical information provided by the Government, according to which the number of legal entities inspected with regard to the OSH training of employees increased from 14,437 in 2012 to 16,594 in 2013, while the number of entities where training deficiencies or irregularities were recorded decreased from 3,185 to 2,176. Furthermore, the Committee refers to the statistical information, provided by the Government in its report under the Occupational Health Services Convention, 1985 (No. 161), according to which a total of 15,687 irregularities were identified by labour inspectors with regard to OSH, and that these irregularities primarily related to mandatory health examinations, provision of personal protective equipment, and failure to undertake measures to remove fire and explosion hazards. However, the Committee notes that no statistical data is provided on the number of occupational accidents and diseases recorded during the reporting period. The Committee once again requests the Government to provide information on measures taken or envisaged to address the high number of occupational accidents and deaths in the manufacturing industry previously noted, and to continue to provide information on the measures taken in the construction industry. It also requests the Government to provide information on the application of the Convention in practice, including on the number of workers covered by the legislation, the number, nature and causes of the accidents and diseases reported, etc.

Technical assistance. The Committee notes the interest of the Government in receiving technical assistance from the Office to improve its legislation by bringing it into conformity with the ILO Conventions on OSH. The Committee therefore invites the Government to make a formal request for such a technical assistance to the Office.