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Guarding of Machinery Convention, 1963 (No. 119) - Bosnia and Herzegovina (Ratification: 1993)

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Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In its previous comments, the Committee had requested the Government to provide information on the application of 11 Conventions concerning occupational safety and health (OSH) in the three entities of the country: the Federation of Bosnia and Herzegovina (BiH), Republika Srpska and the Brčko District. They are Conventions Nos 119 (guarding of machinery), 136 (benzene), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 155 (occupational safety and health and the working environment), 161 (occupational health services), 162 (asbestos), 174 (major industrial accidents), 176 (safety and health in mines), 184 (safety and health in agriculture) and 187 (promotional framework for occupational safety and health). In order to provide a comprehensive view of the issues relating to the application of these Conventions, the Committee considers it appropriate to examine them together. Considering that there are specific questions concerning each entity and others which are common in all entities, the examination of the questions will be presented in the following thematic order: (A) General provisions; (B) Protection against specific risks; and (C) Protection in specific branches of activity.
The Committee also notes the legislation referred to by the Government which gives effect to a number of provisions of the Conventions. However, in addition to the points raised below, the Committee notes that the report of the Government is silent on the application of Conventions Nos 119, 136, 139, 148, 162, 174 and 176 in the Brčko District. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that effect is given to each provision of Conventions Nos 136, 139, 148, 162, 174 and 176 in the Brčko District.
Concerning the establishment of a labour inspection system and the provision of appropriate inspection services, and taking into account that Bosnia and Herzegovina has ratified the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee refers to its detailed comments under these two Conventions.

A. General provisions

1. Occupational safety and health and its promotional framework (Conventions Nos 155 and 187)

The Committee notes the observation of the Confederation of Trade Unions of the Srpska Republic (SSRS) communicated with the Government’s report under Convention No. 155.

Issues concerning the Federation of BiH

Articles 3(1) and 4(2)(a) of Convention No. 187; Articles 4, 7 and 8 of Convention No. 155. National policy. Laws and regulations. The Committee notes the Government’s indication in reply to its previous request that consultations with the social partners are under way for drafting a new law on OSH in the Federation of BiH. The Committee requests the Government to take the necessary measures in the near future to ensure that a coherent national policy on OSH is formulated, implemented and periodically reviewed in consultation with the most representative organizations of employers and workers. It further requests the Government to provide information in this respect as well as a copy of the new law on OSH, once adopted.

Issues concerning the Republika Srpska

Articles 3(1) and 4(2)(b) of Convention No. 187; Articles 4, 7 and 15 of Convention No. 155. National policy and periodic review and coordination between various authorities and bodies. The Committee notes that section 2(b) of the Law on OSH (Official Gazette – OG 01/08 and 13/10) establishes that the prevention of occupational injuries and diseases through the provision of safe and healthy working conditions is a prerequisite for the full physical, mental and social welfare of workers. Pursuant to section 5 of the Law on OSH, the OSH Committee, established by the Economic and Social Council of the Republika Srpska, has representatives of the social partners and systematically monitors OSH issues. This includes leading from time to time reviews of OSH policy, the promotion of harmonization of OSH legislation and the enhancement of OSH measures, and periodically delivering a report on OSH to the Economic and Social Council and other relevant bodies. However, the Committee notes the Government’s statement that due to financial constraints, the OSH Committee has met sporadically since its inception in 2008 and has not achieved considerable results. The Committee requests the Government to provide information on the progress made in the operationalization of the OSH Committee or any other arrangements made for ensuring coordination between various authorities and bodies in the Republika Srpska. It further requests the Government to continue to provide information on the periodic review of the national OSH policy, in consultation with the social partners.
Article 16(1) of Convention No. 155. Employers’ obligations. The Committee notes that the SSRS expressed its concern over the variety of assessments provided by employers across branches of activity of risk assessments. The SSRS indicates that although the Law on OSH requires the adoption of risk assessment, approximately 40 per cent of employers had not done so. The Committee requests the Government to provide its comments in this respect, indicating the measures it is taking to give full effect to this Article of the Convention by ensuring that employers comply with their obligation to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without risk to health.
Article 20 of Convention No. 155. Cooperation between management and workers and/or their representatives. The Committee notes that the SSRS expressed its concern over the lack of compliance by employers in the Republika Srpska with the obligation to establish OSH committees for workplaces with more than 50 workers, pursuant to the Law on OSH (OG 01/08 and 13/10). The Committee requests the Government to provide its comments in this respect, indicating the measures it is taking to promote, at the level of the undertaking, cooperation between management, workers and their representatives as an essential element of workplace-related prevention measures.

Issues concerning the Brčko District

Article 3(1) of Convention No. 187; Articles 4 and 7 of Convention No. 155. National policy. The Committee notes that the report of the Government is silent on the application of these provisions of the Convention in the Brčko District. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that a coherent national policy is formulated, implemented and periodically reviewed in consultation with the most representative organizations of employers and workers in the Brčko District.
Articles 13 and 19(f) of Convention No. 155. Right of workers to remove themselves from danger. In its previous comments, the Committee had noted that the Government did not provide information on the protection of workers from undue consequences for the exercise of their right to refuse to work if there is a threat to their life or health, pursuant to section 49 of the Law on protection at work of the Brčko District. The Committee notes that the Government’s report is again silent on the application of these provisions of the Convention in the Brčko District. The Committee requests the Government to take measures to ensure that workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences and the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health.

Issues common to the Federation of BiH and the Brčko District

Article 17 of Convention No. 155. Two or more employers undertaking activities simultaneously at one workplace. The Committee notes that, pursuant to section 18 of the Law on OSH of the Federation of BiH (OG 22/90) and to section 12 of the Law on OSH (OG 19/06, 19/07, 25/08, 20/13, 31/14 and 01/15) of Brčko District, if two or more organizations and employers are engaged in activities at the same workplace, each of them is responsible for implementing safety measures, and the main contractor or investor is obliged to provide a single study of occupational safety. However, the Government does not indicate how two or more employers collaborate in applying safety and health requirements. The Committee requests the Government to provide further information on the manner in which collaboration is ensured through the single study prepared by the main employer.

Issues common to the Federation of BiH, the Republika Srpska and the Brčko District

Article 5 of Convention No. 187. National OSH programme. The Committee notes that the Government’s report is silent on the application of this provision of the Convention. The Committee recalls that the development of a national OSH programme is a key operational element for the promotion of a safety and health culture (see General Survey on certain occupational safety and health instruments, 2017, paragraphs 147–153). The Committee requests the Government to provide information on the measures taken in the Federation of BiH, Republika Srpska and the Brčko District to ensure the formulation, implementation, evaluation and periodic review of a national programme on OSH, in consultation with the most representative organizations of employers and workers.

2. Occupational health services (Convention No. 161)

Issues concerning the Federation of BiH

Article 8. Cooperation and participation in the implementation of organizational measures. The Committee notes that the report of the Government is silent on the application of this provision in the Federation of BiH. The Committee requests the Government to provide information on the measures taken to ensure that the employer, the workers and their representatives, where they exist, cooperate and participate in the implementation of organizational and other measures relating to occupational health services on an equitable basis in the Federation of BiH.
Article 9. Composition and independence of the personnel. The Committee notes that the report of the Government is silent on the application of this provision in the Federation of BiH. The Committee requests the Government to provide information on the measures taken to ensure that: (1) occupational health services are multidisciplinary and composed by personnel determined by the nature of the duties to be performed; (2) occupational health services carry out their functions in cooperation with other services in the undertaking; and (3) cooperation and coordination between occupational health services and, as appropriate, other bodies concerned with the provision of health services.

Issues concerning the Republika Srpska

Article 3. Progressive development of occupational health services. The Committee notes the Government’s indication that the system of occupational health services faces great challenges due to understaffing, with only 20 doctors specialized in occupational health in the Republika Srpska. The Committee requests the Government to provide information on the measures taken or envisaged to overcome the obstacles mentioned and to ensure that occupational health services are provided for all workers in the Republika Srpska.
Article 4. Consultations. The Committee notes the Government’s indication that OSH regulations are adopted with the participation of social partners. With reference to its comments above under Article 4(2)(b) of Convention No. 187 and Article 15 of Convention No. 155, the Committee requests the Government to provide information on the consultations undertaken with the social partners, including in the OSH Committee, on the measures to be taken to give effect to the Convention.

Issues concerning the Brčko District

Articles 2, 4, 9, 10, 13, 14, 15 and 16. National policy. Consultations. Conditions of operation. Central authority. The Committee notes that the report of the Government is silent on the application of these provisions of the Convention in the Brčko District. The Committee requests the Government to provide information on the measures taken to give effect to Articles 2 (consultation), 4 (national policy), 9 (composition of the personnel and cooperation and coordination), 10 (professional independence of personnel of occupational health services), 13 (information to workers of occupational health hazards), 14 (information to occupational health services of any known or suspected factors which may affect workers’ health), 15 (information to occupational health services of occurrences of ill health among workers and absence from work for health reasons) and 16 (authority responsible for supervising occupational health services) of the Convention in the Brčko District.
Article 8. Cooperation and participation in the implementation of organizational measures. The Committee notes that the information provided is not relevant for the appreciation by the Committee of the application of this provision of the Convention. The Committee requests the Government to provide information on the measures taken to bring about the cooperation and participation of employers, workers and their representatives in the implementation of organizational and other measures relating to occupational health services in the Brčko District.

B. Protection against specific risks

1. Guarding of machinery (Convention No. 119)

Issues concerning the Federation of BiH

Article 4. Obligation of the vendor, the person letting out on hire or transferring the machinery, the exhibitor and the manufacturer. The Committee notes the Government’s indication that, pursuant to section 13 of the Order on safety of machinery (OG 04/10), the obligation to ensure compliance with safety requirements of machinery rests on manufacturers or their representatives. However, the Government does not indicate if the obligation rests also on the vendor, the person letting out on hire or transferring the machinery, and the exhibitor. The Committee requests the Government to provide further information in this respect with regard to the Federation of BiH.
Article 16. Consultations. The Committee notes the Government’s indication that: (a) manufacturers are involved in the procedure for the adoption of technical regulations; and (b) a representative of employers, but not a representative of workers, was included in the working group that drafted the Order on safety of machinery (OG 04/10). The Committee requests the Government to take the necessary measures to ensure that any national laws or regulations concerning the guarding of machinery is adopted by the competent authority after consultation with the most representative organizations of employers and workers concerned. The Committee requests the Government to continue to provide information in this respect.

Issues concerning the Brčko District

Articles 2, 4, 6, 12 and 13. Prohibition of the sale, hire, transfer, exhibition and use of dangerous machinery. Obligation of the vendor, the person letting out on hire or transferring the machinery, the exhibitor and the manufacturer. Rights of workers under national social security and social insurance legislation. The Committee notes that the report of the Government is silent on the application of these provisions of the Convention in the Brčko District. The Committee requests the Government to provide information on the measures taken to give effect to Articles 2 and 6 (prohibition of the sale, hire, transfer, exhibition and use of dangerous machinery), 4 (obligations of the vendor, the person letting out on hire or transferring the machinery, the exhibitor and the manufacturer), 12 (rights of workers under national social security legislation) and 13 (application to self-employed) of the Convention in the Brčko District.

2. Benzene (Convention No. 136)

Issues concerning the Federation of BiH

Articles 1 and 4. Protective measures and prohibition of the use of benzene and of products containing benzene. The Committee notes the Government’s indication that the Rulebook on technical and health protection measures for work in chemical and technological processes (OG of the Federal People’s Republic of Yugoslavia (FPRY), 55/50) establishes specific safety measures in chemical and technological processes. However, the Government does not indicate if the legislation establishes protective measures for the exposure of workers to benzene and to products the benzene content of which exceeds 1 per cent by volume. The Committee requests the Government to provide precise information in this regard and to indicate the specific provisions of the legislation that ensure that protective measures apply to all activities involving the exposure of workers to benzene and to products containing benzene in the Federation of BiH in order to protect workers from the hazards related to benzene and to reduce the incidence of benzene-induced illnesses and injuries resulting from the use of benzene at work.
Article 2. Use of harmless or less harmful substitute products. The Committees notes the Government’s indication that no specific measures have been taken for the use of harmless or less harmful substitute products than benzene in the Federation of BiH. The Committee requests the Government to take the necessary measures to ensure that harmless or less harmful substitute products than benzene are used whenever they are available in the Federation of BiH. The Committee requests the Government to continue to provide information on this subject.
Articles 5, 6 and 7. Occupational hygiene and technical measures. Escape of benzene vapour into the air and concentration limits. Enclosed systems. The Committee notes the Government’s indication that the Rulebook on Yugoslav standard for maximum permissible concentrations of harmful gases, vapours and aerosols (OG of FPRY, 54/91) prescribes the maximum permissible concentration of harmful gases, vapours and aerosols in the atmosphere of working premises and sites, in conformity with Article 6(2) of the Convention. However, the Government does not indicate if benzene is covered by the Rulebook and if the competent authority issues directions on carrying out the measurement of the concentration of benzene in the air of places of employment. Furthermore, sections 265–273 of the Rulebook on technical and health protection measures for work in chemical and technological processes (OG of FPRY, 55/50) establish specific safety measures to be taken when working with chemicals and reagents that release harmful gases, vapours and smoke, as well as for their storage in separate rooms. However, the Government does not indicate if benzene and products containing benzene are covered by this Rulebook. The Committee requests the Government to provide specific information on the specific measures that ensure effective protection of workers exposed to benzene or to products containing benzene. It also requests the Government to provide information on the specific measures that provide for maximum permissible concentration of benzene in the air and the directions issued by the competent authority on the measurement of its concentration, as well as on the work processes involving the use of benzene being carried out in enclosed systems or, where this is not practicable, on the effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers in the Federation of BiH.
Article 12. Danger symbols. The Committee notes the Government’s indication that the Law on transport of dangerous substances establishes the conditions for the transport of dangerous substances. However, the Government does not indicate if danger symbols related to benzene are clearly visible on containers or products containing benzene. The Committee requests the Government to provide information on the measures taken to ensure that the word “benzene” and the necessary danger symbols are clearly visible on any container holding benzene or products containing benzene in the Federation of BiH.

Issues concerning the Republika Srpska

Article 6(2). Concentration of benzene in the air. The Committee notes the Government’s indication that the Rulebook on Yugoslav standard for maximum permissible concentrations of harmful gases, vapours and aerosols (OG of FPRY, 54/91) prescribes the maximum permissible concentration of harmful gases, vapours and aerosols in the atmosphere of working premises and sites, in conformity with Article 6(2) of the Convention. However, the Government does not indicate if benzene is covered by the Rulebook. The Committee requests the Government to provide precise information on the specific measures that provide for maximum permissible concentration of benzene in the air.

3. Occupational cancer (Convention No. 139)

Issues concerning the Federation of BiH

Article 1. Periodic determination of certain carcinogenic substances and agents. The Committee requests the Government to indicate the legislation and regulations that provide for a list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization and control and to specify the manner in which the list is periodically determined in the Federation of BiH.
Article 2. Substitute substances or agents. The Committee notes the Government’s indication that in addition to the special occupational safety measures for work being performed with carcinogenic substances, harmful agents and dangerous radiation, no measures have been adopted to replace carcinogenic substances and agents in the Federation of the BiH. The Committee requests the Government to make efforts to take the necessary measures to replace carcinogenic substances and agents to which workers may be exposed during their work by non-carcinogenic substances or agents that are less harmful. The Committee also requests the Government to provide information on any progress made in this respect with regard to the Federation of BiH.

Issues common to the Federation of BiH and the Republika Srpska

Article 5. Medical examinations. With regard to the Federation of BiH, the Committee notes the Government’s indication that, pursuant to sections 29–31 of the Law on OSH (OG 22/90), prior to the assignment of workers to workplaces with special working conditions, the employer is required to ensure that medical examinations are periodically renewed, at least every three years. With regard to the Republika Srpska, the Committee notes the Government’s indication that, pursuant to sections 6, 11, 32, 15 and 43 of the Law on OSH (OG 01/08 and 13/10), workers have the right to medical examinations taking into account specific occupational risks and the employer is required to ensure medical examination at no cost for workers based on risk assessment, including preliminary and periodic medical examinations, as prescribed in the Rulebook on preliminary and periodic medical examinations of workers at workplaces with increased risk (OG 68/08). However, the Government does not indicate if workers are provided with such medical examinations also after the period of employment. The Committee requests the Government to provide information with regard to the Federation of BiH and the Republika Srpska on the provision of medical examinations after the period of employment for workers who have been exposed to carcinogenic substances or agents.

4. Working environment (Convention No. 148)

Issues concerning the Federation of BiH

Article 5(4). Opportunity of representatives of the employer and of the workers to accompany inspectors. The Committee requests the Government to provide information on the measures taken to ensure that representatives of the employer and representatives of the workers of the undertaking shall have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of this Convention, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties.

Issues concerning the Republika Srpska

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment. The Committee notes that the Government’s report is silent on the notification to the competent authority of the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, and that could be authorized on prescribed conditions or prohibited. The Committee requests the Government to provide information on the measures taken to establish the requirement to notify the competent authority in the Republika Srpska of the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration.

Issues common to the Federation of BiH and the Republika Srpska

Article 8(2) and (3). Criteria for determining the hazards of exposure to air pollution, noise and vibration and exposure limits. The Committee notes that the Government does not indicate: (a) if in the elaboration of the criteria and the determination of the exposure limits the competent authority takes into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned; and (b) if established criteria and exposure limits are regularly supplemented and revised in the light of current national and international knowledge and data. The Committee requests the Government to provide information in this respect with regard to the Federation of BiH and the Republika Srpska.

Common issue to the Federation of BiH and the Brčko District

Article 6(2). Two or more employers undertaking activities simultaneously at one workplace. The Committee refers to its comments above on the application of Article 17 of Convention No. 155.

5. Asbestos (Convention No. 162)

Issues concerning Federation of BiH

Articles 8, 14, 15(3), 17 and 19 of the Convention. Cooperation. Responsibilities of producers and suppliers. Employers’ responsibilities on exposure limits. Demolition of plants or structures. Waste disposal. The Committee notes that the Government does not provide any information on the application of these provisions of the Convention in the Federation of BiH. The Committee requests the Government to provide information on the measures taken to ensure that effect is given to Articles 8 (cooperation between employers and workers), 14 (labelling of the container and, where appropriate, the products), 15(3) (exposure limits to asbestos dust into the air), 17 (demolition of plants or structures) and 19 (disposal of waste) in the Federation of BiH.
Article 13. Notification of certain type of work involving exposure to asbestos. The Committee notes the Government’s indication that, pursuant to sections 29(2) (medical examination of workers) of the Law on OSH (OG 22/90), before assigning workers to a workplace with special working conditions, the employer is required to send the worker to the appropriate medical examination and to inform the OSH authority on the dangers to which workers are exposed. However, the Government does not indicate if workplaces with special working conditions cover work that involves exposure to asbestos. The Committee requests the Government to indicate the measures taken to ensure that employers notify the competent authority, in a manner and to the extent prescribed by it, about certain types of work involving exposure to asbestos in the Federation of BiH.
Article 20. Measurement of the concentration of airborne asbestos dust and monitoring of exposure. The Committee notes the Government’s indication that, pursuant to sections 19–24 of the Law on OSH (OG 22/90), the employer is required to conduct periodic examinations and tests prescribed by the national legislation. However, the Government does not indicate if: (a) records of the monitoring of the working environment and of the exposure of workers to asbestos are kept for a period prescribed by the competent authority; or (b) the workers concerned and their representatives have access to these records and have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. The Committee requests the Government to provide information in this respect with regard to the Federation of BiH.

Issues concerning the Republika Srpska

Article 13. Notification of certain types of work involving exposure to asbestos. The Committee notes the Government’s indication that there is no obligation to notify authorities about the types of work that involve exposure to asbestos. The Committee requests the Government to take the necessary measures to provide for an obligation of employers in the legislation to communicate to the competent authority about certain types of work involving exposure to asbestos in the Republika Srpska. The Committee requests the Government to continue to provide information in this respect.
Article 18(3). Prohibition of the taking home of work or protective special clothing and personal protective equipment. The Committee notes the Government’s indication that, pursuant to the Rulebook on preventive measures for OSH, when using the means and equipment for personal protection at work (OG 23/13): (a) the employer is obliged to provide workers with equipment for personal protection at work that is in good working order; (b) personal protection equipment must be provided at no cost to the workers; and (c) the employer determines the type of means and/or equipment for personal protection at work and the conditions of their use, depending on the working environment, taking into account the type and frequency of exposure to risks and hazards. Furthermore, pursuant to the Rulebook on preventive measures for OSH (OG 30/12), when required for health or other reasons, the employer is required to provide adequate locker rooms to workers that use work clothing and uniforms. Whenever circumstances so require, for example when working with hazardous substances, conditions shall be provided for keeping work clothing in a place separate from personal clothing. In addition, the employer is required to provide showers, washbasins and toilets, as required by the nature of the work or due to health reasons, and especially for workers who work with toxic, infectious or ionizing substances. However the Government does not indicate if national laws or regulations prohibit the taking home of work and special protective clothing and of personal protective equipment. The Committee requests the Government to provide information in this respect.
Article 20(2). Keeping of records. The Committee notes the Government’s indication that, pursuant to section 15 of the Law on OSH (OG 01/08 and 13/10) the employer is required to hire an authorized and licensed organization to conduct preventive and periodic inspections and testing of the working equipment, as well as preventive and periodic testing of the working environment, to check whether OSH measures provided for by law are implemented in the workplace. Furthermore, pursuant to sections 15 and 16 of the Rulebook on the procedure and terms of preventive and periodic inspection and testing of work equipment and preventive and periodic testing of working environment conditions (OG 66/08, 52/09 and 107/09), preventive and periodic testing of the working environment are conducted and the results of the measurements are compared with the permissible values standards. The Committee requests the Government to indicate whether the competent authority has prescribed the period of time for which the records of the monitoring of the working environment and of the exposure of workers to asbestos shall be kept, in accordance with Article 20(2).

Issues common to the Federation of BiH and the Republika Srpska

Article 21. Medical examinations. Returning to the information and comments noted above on the application of Article 5 of Convention No. 139, the Committee requests the Government to provide information with regard to the Federation of BiH and the Republika Srpska on the provision of medical examinations after the period of employment for workers who have been exposed to asbestos during the course of their employment.

Common issue to the Federation of BiH and the Brčko District

Article 6(2). Two or more employers undertaking activities simultaneously at one workplace. The Committee refers to its comments above on the application of Article 17 of Convention No. 155.

6. Prevention of major industrial accidents (Convention No. 174)

Issues concerning the Federation of BiH

Article 4. National policy. Consultations. The Committee notes the Government’s indication that a national policy concerning the protection of workers, the public and the environment against the risk of major accidents has not been formulated. The Committee requests the Government to take the necessary measures, without undue delay, to formulate and implement a national policy in consultation with the most representative organizations of employers and workers and other interested parties in the Federation of BiH.
Article 6. Protection of confidential information. The Committee notes that, pursuant to sections 30 and 34 of the Law on environment protection (OG 33/03), a request for environmental information may be refused if the disclosure would adversely affect the confidentiality of commercial and industrial information, where such confidentiality is protected by law in order to protect a legitimate economic interest. The Government indicates that the Regulation on plants and pollution registers prescribes liability and confidentiality of data collected under certain conditions. However, the Government does not provide further information on the limits to protect confidential information, and in particular when protecting confidentiality leads to serious risks to the workers, the public or the environment. The Committee requests the Government to provide information in this respect. It further requests the Government to provide a copy of the Regulation on plants and pollution registers.
Article 9. Documented system of major hazard control at the level of the installation. The Committee notes the Government’s indication that there were no changes in the reporting period. However, in its previous report, the Government did not provide information on the application in law or practice of this Article of the Convention. The Committee once again requests the Government to provide information on the measures taken to ensure that the documented system of major hazard control established by employers includes: (a) the identification and analysis of hazards and the assessment of risks including consideration of possible interactions between substances; (b) technical measures, including design, safety systems, construction, choice of chemicals, operation, maintenance and systematic inspection of the installation; (c) organizational measures, including training and instruction of personnel, the provision of equipment in order to ensure their safety, staffing levels, hours of work, definition of responsibilities, and controls on outside contractors and temporary workers on the site of the installation; (d) emergency plans and procedures; (e) measures to limit the consequences of a major accident; (f) consultation with workers and their representatives; and (g) improvement of the system, including measures for gathering information and analysing accidents and near misses.
Article 16. Responsibilities of the competent authority. The Committee notes the Government’s indication that there were no changes in the reporting period. However, in its previous report the Government did not provide information on the application in law or practice of this Article of the Convention. The Committee once again requests the Government to provide information on the measures adopted by the competent authority to ensure that: (a) information on safety measures and the correct behaviour to adopt in the case of a major accident is disseminated to members of the public liable to be affected by a major accident without their having to request it and that such information is updated and re disseminated at appropriate intervals; (b) warning is given as soon as possible in the case of a major accident; and (c) where a major accident could have transboundary effects, the information required in (a) and (b) above is provided to the States concerned, to assist in cooperation and coordination arrangements.
Article 20(c) and (f). Right of workers to be consulted in the preparation of, and to have access to, safety reports, emergency plans and procedure and accident reports. Right to notify the competent authority of potential hazards. The Committee notes that the Government’s report is silent on the application of these provisions of the Convention. The Committee requests the Government to provide information on the measures taken to ensure that workers and their representatives are consulted in the preparation of, and have access to, the safety report, emergency plans and procedures and accident reports, and have the right to notify the competent authority of potential hazards in the Federation of BiH.

Issues concerning the Republika Srpska

Article 4. National policy. Consultations. The Committee notes the Government’s indication that: (a) a Programme for reducing the risk of natural disasters and other accidents will be adopted in the future; and (b) the Law on environmental protection (OG 71/12) provides for the adoption of a Protection Strategy containing basic guidelines for risk management, including the prevention and control of the risk of major accidents. The Committee requests the Government to provide information on the progress made in the adoption of the Programme for reducing the risk of natural disasters and other accidents as well as the potential adoption of a protection strategy, in consultation with the most representative organizations of employers and workers and other interested parties. The Committee requests the Government to provide copies of the abovementioned programme and strategy, once adopted.
Article 15. Emergency plans and procedures outside major hazard installations. The Committee notes the Government’s indication that, pursuant to section 97 of the Law on protection and rescue in emergency situations (OG 121/12), the competent authority is required to take appropriate measures when there is a risk of major threats to the environment and the health of the population due to: (a) accidents in industry, transport and other accidents and disasters whose effects may threaten the environment; (b) discharge of toxic and harmful chemicals and other substances into the environment from industrial installations, transport vehicles and household heating systems which cause concentrations in water, air and soil that exceed maximum allowable levels; (c) municipal, industrial and other disposal of solid and liquid waste; and (d) natural disasters. However, the Government does not indicate if emergency plans and procedures are updated at appropriate intervals and coordinated with the relevant authorities and bodies. The Committee requests the Government to provide information in this respect with regard to the Republika Srpska.

Issues common to the Federation of BiH and the Republika Srpska

Article 5. System for the identification of major hazard installations. The Committee notes the Government’s indication that the Ministry of Physical Planning, Construction and Ecology establishes a system for the identification of major hazard installations based on prescribed threshold quantities for hazardous substances, as well as on their location, pursuant to: (a) the Rulebook on installations which may be built and set in operation only if they have an environmental permit (OG 124/12) in the Republika Srpska; and (b) the Rulebook on plants and facilities requiring the assessment of the environment and which may be built and set in operation only if they have an environmental permit (OG 19/04) in the Federation of BiH. However, the Government does not indicate the manner in which the most representative organizations of employers and workers and other interested parties were consulted in the establishment of the system and the measures taken to ensure regular review and updating of the system. The Committee requests the Government to provide information in this respect with regard to the Federation of BiH and the Republika Srpska.
Article 22. Responsibility of exporting States. The Committee notes the Government’s indication that there is no information available on the application of this provision of the Convention in the Republika Srpska. The Committee also notes that the information provided does not allow to assess the effect given to this provision in the Federation of BiH. The Committee requests the Government, in cases where the country is an exporting country, to provide information on the possible ban of the use of products, technologies or dangerous products, as a potential source of major accidents. In that case, the Committee requests the Government to provide information on the obligation to provide importing countries with information on the abovementioned ban and the underlying reasons.

C. Protection in specific branches of activity

1. Safety and health in mines (Convention No. 176)

Issues concerning the Federation of BiH

Article 3. National policy. The Committee notes the Government’s indication that the planned adoption of a new OSH law in the Federation of BiH would create the conditions for the formulation of a policy on OSH in mining. The Committee requests the Government to take the necessary measures to ensure that, after consultations with the most representative organizations of employers and workers concerned, a coherent policy on safety and health in mines is formulated, carried out and periodically reviewed in the Federation of BiH. The Committee also requests the Government to provide a copy of the new law on OSH, once adopted.
Article 5(4)(d). Safe storage, transportation and disposal of hazardous substances and waste. The Committee notes that the Government does not provide information on the application of this provision of the Convention. The Committee recalls the importance of protecting workers from the harmful effects of the handling and disposal of hazardous substances (see 2017 General Survey, paragraphs 386–393). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that national laws and regulations specify requirements for the safe storage, transportation and disposal of hazardous substances used in the mining process and waste produced at the mine in the Federation of BiH.
Article 5(4)(e). Sanitary facilities. The Committees notes that the Government does not provide information on the provision of sanitary facilities. The Committee recalls that adequate welfare facilities play an important role in preventing work-related communicable diseases and exposure to hazards (see 2017 General Survey, paragraphs 397–401). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that national laws and regulations specify an obligation to supply at mining sites sufficient sanitary conveniences and facilities to wash, change and eat, and to maintain them in hygienic condition in the Federation of BiH.

Issues concerning the Republika Srpska

Article 3 of the Convention. National policy. The Committee notes the Government’s indication that the Law on OSH (OG 01/08 and 13/10), a coherent national policy on safety and health, applies to all economic activities and does not exclude any sector. The Committee requests the Government to indicate the manner in which it is ensured that issues of OSH specific to mining are taken into account in the national OSH policy in the Republika Srpska.

Issues common to the Federation of BiH, the Republika Srpska and the Brčko District

Article 12. Two or more employers undertaking activities at the same mine. With reference to its comments above on the application of Article 17 of Convention No. 155, the Committee notes that the Government does not indicate the manner in which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations. The Committee requests the Government to provide further information on the manner in which effect is given to the requirement of Article 12 of the Convention, according to which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.

2. Safety and health in agriculture (Convention No. 184)

Federation of BiH

Article 4. National policy. The Committee notes the Government’s indication that the planned adoption of a new OSH law would create the conditions for the formulation of a policy on OSH in agriculture. The Committee requests the Government to take the necessary measures to formulate, carry out and periodically review a coherent national policy on safety and health in agriculture in the light of national conditions and practice and after consulting the representative organizations of employers and workers concerned in the Federation of BiH. The Committee also requests the Government to provide a copy of the new law on OSH, once adopted.
Article 11. Handling and transport of materials. The Committee notes that sections 25 (working conditions) and 29 (medical examinations) of the Law on OSH (OG 22/90), to which the Government refers, are general provisions that do not give effect to this provision of the Convention. The Committee requests the Government to provide information on the requirements established by the competent authority, after consulting the representative organizations of employers and workers concerned, for the handling and transport of materials, particularly on manual handling, in the Federation of BiH.
Articles 12 and 13. Sound management of chemicals. The Committee notes that the information provided by the Government does not allow to assess the effect given to these provisions of the Convention in the Federation of BiH. In particular, the Government does not indicate if the competent authority has taken measures to ensure that: (a) there are preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking; (b) there is a system establishing criteria for the importation, classification, packaging and labelling of chemicals used in agriculture and for their banning or restriction; (c) those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture comply with national or other recognized safety and health standards, and provide adequate and appropriate information to users; and (d) there is a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals. The Committee requests the Government to provide information on the measures taken in this respect in the Federation of BiH.

Issues concerning the Republika Srpska

Article 4. National policy. The Committee notes the Government’s indication that the Law on OSH (OG 01/08 and 13/10), a coherent national policy on safety and health, applies to all economic activities and does not exclude any sector. The Committee recalls that a national policy on OSH in agriculture can be a component of a broader national OSH policy, on condition that it contains specific elements and priorities relating to improving occupational safety and health in the agricultural sector. The Committee requests the Government to provide further information on the elements of the national policy relating specifically to agriculture in the Republika Srpska.

Issues concerning the Brčko District

Article 4 of the Convention. National policy. The Government indicates that no measures have been taken to formulate an OSH policy in agriculture. The Committee requests the Government to take the necessary measures to formulate, carry out and periodically review a coherent national policy on safety and health in agriculture in the light of national conditions and practice and after consulting the representative organizations of employers and workers concerned in the Brčko District.
Article 7(c). Employer’s obligation to evacuate workers as appropriate. The Committee notes the Government’s indication that, pursuant to sections 12 and 13 of the Law on OSH (OG 01/15) the employer is required to: (a) carry out appropriate risk assessments; (b) ensure that adequate and appropriate training and comprehensible instructions on safety and health are provided to workers; and (c) take immediate steps to stop any operation where there is an imminent and serious danger to safety. However, the Committee notes that no reference to the employer’s obligation to evacuate workers as appropriate is contained in these provisions. The Committee requests the Government to provide specific information on the measures taken in this respect in the Brčko District.
Articles 11, 12 and 13. Handling and transport of materials. Sound management of chemicals. The Committee notes that the report of the Government is silent on the application of these provisions of the Convention in the Brčko District. The Committee requests the Government to provide information on the measures taken in this respect in the Brčko District.
Articles 14 and 15. Animal handling and protection against biological risks. Agricultural installations. The Committee notes that the Government does not indicate if measures are taken to ensure that: (a) risks such as those of infection, allergy or poisoning are prevented or kept to a minimum when biological agents are handled, and activities involving animals, livestock and stabling areas comply with national or other recognized health and safety standards; and (b) the construction, maintenance and repairing of agricultural installations is done in conformity with national laws, regulations and safety and health requirements. The Committee requests the Government to provide information on the measures taken in this respect in the Brčko District.

Issues common to the Federation of BiH and the Brčko District

Article 6(2). Two or more employers undertaking activities simultaneously at one workplace. The Committee refers to its comments above on the application of Article 17 of Convention No. 155.

Issues common to the Federation of BiH, the Republika Srpska and the Brčko District

Article 16. Young workers and hazardous work. With regard to the Republika Srpska, the Committee notes that section 103 of the Labour Law (OG 01/16) prescribes that a worker under the age of 18 may not be assigned any jobs regarded as jobs posing an increased risk, or physically demanding work, underground or underwater work, or any other work likely to pose an increased risk to their life, health and mental and physical development. Paragraph 2 of the same section prescribes that such work shall be defined in a Rulebook passed by the Ministry of Labour. The Government’s indicates that the abovementioned Rulebook on the jobs which may not be assigned to young workers entered into force on 18 October 2016 and contains a list of hazardous types of work. The Committee requests the Government to indicate if work in agriculture is included in the list of hazardous work that cannot be assigned to workers under the age of 18. With respect to the Federation of BiH and the Brčko District, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).
Article 19. Welfare and accommodation facilities. The Committees notes that the Government does not provide relevant information on the provision of adequate welfare and accommodation facilities in agricultural undertakings. The Committee recalls that adequate welfare facilities play an important role in preventing work-related communicable diseases and exposure to hazards, with a considerable impact on public health (see General Survey, 2017, paragraphs 397–401). The Committee requests the Government to provide information on the measures taken or envisaged in the Republika Srpska, the Federation of BiH and the Brčko District to ensure the provision of adequate welfare facilities at no cost to the worker in agricultural undertakings and the specification of minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking.
The Committee recalls that the Government can avail itself of the technical assistance of the Office concerning the issues raised in the application of the above Conventions.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report does not contain any information concerning the application of the Convention both in law and in practice and, more specifically, does not respond to the comments raised by the Committee in its previous session. The Committee therefore repeats its previous request that the Government provide a copy of the Order on Safety Machines (No. 04/10), in a working language of the ILO, if possible, and to provide a detailed report indicating the specific provisions in national legislation that give effect to each requirement of the Convention, in the Federation of Bosnia and Herzegovina, the Republika Srpska and the Brcko District. The Committee also reminds the Government of the possibility of availing itself of technical assistance from the ILO with a view to giving full effect to this Convention.
Part V of the report form. Application in practice. The Committee notes that the attached extract from the 2010 report of the Federal Administration for Inspection does not include relevant statistics on the application of the Convention. The Committee therefore reiterates its request that the Government provide a general appreciation of the manner in which the Convention is applied in practice, in each entity and district and, in particular to indicate any data available on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents reported.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with interest the information provided by the Government in its latest report, which indicates that the Order on Safety of Machines (Official Bulletin of Bosnia and Herzegovina, No. 04/10), transposing Machinery Directive 98/37/EC, was published in 2010 with a transitional period of two years, and that it contains a list of Bosnia and Herzegovinian standards pertaining to safety of machines. [The Committee notes that this Directive has since been replaced by Machinery Directive 2006/42/EC.] The Committee further notes that the report does not provide any responses on the application of the Convention in the Republic of Srpska, and that the Government has at times indicated varied application in the Federation of Bosnia and Herzegovina and in the Brcko district, and that, in light of this, effect does not appear to have been given to a number of provisions of the Convention across all three entities. The Committee asks the Government to provide a copy of the abovementioned Order No. 04/10 with its next report and to indicate the specific provisions in law that give effect to each requirement of the Convention across all three entities. Referring also to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee hopes that the Government will seek technical assistance from the Office for the development of legislation giving effect to the provisions of the Conventions ratified by Bosnia and Herzegovina, and regarding the reporting obligations associated with such ratifications.

Part V of the report form. Application in practice. The Committee notes that the Government has referred to attached reports from the Federal Administration for Inspection of the Federation of Bosnia and Herzegovina, and that, while these reports give an interesting overview of labour inspection in this entity, they do not provide specific information on the application of this Convention in practice across all three entities – the Federation of Bosnia and Herzegovina, the Republika of Srpska and the Brcko District. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and in each of the three entities, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents reported.

[The Government is asked to report in detail in 2012.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government indicates that, according to its Constitution, international agreements ratified by the Federation have a direct effect in the Federation and are thus an integral part of its legislation. In this regard, the Committee would recall that the existence of constitutional provisions giving direct effect to treaties does not replace the obligation to enact texts implementing the Convention.

The Committee notes that, based on the information provided in the Government’s report, it appears that only a few of the provisions of the Convention are applied in the country, and that the report is silent as regards the application of certain provisions of the Convention. The Government is requested to provide further information on measures taken, in law and in practice, to give effect to Articles 3, 5, 6, 9, 11 and 12 of the Convention and to provide information on measures taken, in law and in practice, to give effect to Article 1(1) and (3), Articles 2–4, 6–8, 11–12 and 14, of the Convention and to submit copies of all relevant legislation.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from official reports with statistics, if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and causes of the accidents reported, etc. and information on any practical difficulties in the application of the Convention.

[The Government is asked to report in detail in 2010.]

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