Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Occupational Safety and Health Convention, 1981 (No. 155) - Albania (Ratification: 2004)

Other comments on C155

Direct Request

2015
2010
2009

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The Committee notes the information provided by the Government in reply to the Committee’s previous request concerning Article 11(d) of the Convention.

Articles 4 and 7. National policy on occupational safety and health and review at appropriate intervals. Following its previous comments, the Committee notes the Government’s statement that the Ministry of Social Welfare and Youth is drafting a National Policy Paper on Health and Safety at Work for 2015–20. This Policy Paper will be established pursuant to an evaluation and analysis of the previous Document of Strategic Policies on Occupational Safety and Health 2009–13. The Government indicates that this will be developed by a working group appointed by the Minister which will include representatives of institutions, other ministries, and the relevant social partners. The Committee encourages the Government to pursue its efforts to formulate and implement a coherent national policy on occupational safety and health, and requests the Government to provide further information on the consultations undertaken in that regard with the most representative organizations of employers and workers concerned. Lastly, the Committee requests the Government to provide a copy of the National Policy Paper on Health and Safety at Work for 2015–20, once adopted.

Article 5(e). Protection of workers and their representatives from disciplinary measures for actions properly taken in conformity with the policy. The Committee previously noted that, pursuant to section 7(2)(a) of the Law on Safety and Health at Work, workers designated by the employer to carry out activities related to the protection of safety and health may not be placed at any disadvantage because of their activities related to the protection and prevention of occupational risks. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that workers, and their representatives, who have not been designated by their employer to carry out occupational safety and health activities, are also afforded protection from disciplinary measures as a result of actions properly taken by them in conformity with the national policy on occupational safety and health.

Article 11(f). Knowledge and risk assessment. The Committee notes that pursuant to section 9 of the Law on Safety and Health at Work, employers shall carry out an assessment of the risk to safety and health at work, including the groups of workers exposed to specific risks, and decide on the protective measures to be taken. It also notes the information in the Government’s report on the implementation of the Law on Safety and Health at Work, as well as the information from the regional branches of the state labour inspectorate and social services districts submitted by the Government under the Labour Inspection Convention, 1947 (No. 81), that during 2014, 10,890 inspections were undertaken, and 840 entities were determined to have a risk assessment document. The Committee requests the Government to provide further information on the progressive extension of risk assessment mechanisms at the workplace.

Article 12. Obligations on those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Noting an absence of information on this point in the Government’s report, the Committee requests the Government to provide information on the measures taken or envisaged with a view to ensuring that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use: satisfy themselves that, so far as is reasonably practicable, the machinery, equipment or substance does not entail dangers for the safety and health of those using it correctly (Article 12(a)); and make available information on its correct installation and use (Article 12(b)).

Article 13. Protection of workers who remove themselves from work situations presenting an imminent and serious danger. The Committee once again requests the Government to provide information on the measures taken 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 shall be protected from undue consequences, in accordance with Article 13 of the Convention.

Application in practice. The Committee notes the detailed information in the Government’s report on the implementation of the Law on Safety and Health at Work, as well as the information provided in the Government’s report under Convention No. 81 on the number of occupational diseases recorded and the number of occupational accidents investigated. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in the country in practice, information on the number, nature and cause of the accidents and occupational diseases reported.

Protocol of 2002 to the Convention

The Committee notes the Government’s statement that the National Policy Paper on Health and Safety at Work for 2015–20 will include the establishment of a framework to improve the reporting and management of data related to occupational accidents and occupational diseases under the European Statistics on Accidents at Work system. The Committee requests the Government to send a detailed report on the application of the Protocol of 2002, as indicated in the report form for the Protocol.