Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Articles 1 and 2 of the Convention. Scope of application. The Committee notes the information that the legislation listed in the Government’s first report implements the Convention and provides for the required protection for all workers. It is not entirely clear for the Committee, however, whether all workers and all branches of economic activity in the different entities in Bosnia and Herzegovina are covered by relevant protective legislation, and, in particular, whether public employees and public service are covered. The Committee requests the Government to clarify measures taken to give effect to the Convention as regards the application of the legislation to all branches of economic activity, and whether relevant national legislation covers public employees and public services in the Federation of Bosnia and Herzegovina and Brcko District.

Articles 4, 5, 7, 8 and 11, paragraphs (a), (b), (e) and (f). Formulating and implementing a national policy on occupational safety and health (OSH). The Committee notes the Government’s statement that there are no policies on OSH at country level. It indicates that the Federation, Republika Srpska and Brcko District are responsible for OSH issues related to all employed persons in their respective territories, and that the Government is in the process of preparation of the new regulations in this field. The Committee would draw the attention of the Government to the fact that a national policy shall be formulated, implemented and periodically reviewed in consultation with the most representative organizations of employers and workers. They shall thus be involved in all stages of the national policy process. The review of national policy is necessary to assess progress, but also to keep up with changes in the society, as well as technical developments. It should also be coherent by involving all relevant parties with responsibilities in the various aspects of OSH. In implementing the national policy, it must take account of the areas where such preventive action is essential in achieving these objectives. Article 5 of the Convention refers to five main spheres of OSH action including the control of the material elements of work, the adaptation of these elements to the physical and mental capacities of workers, training and qualification, communication and cooperation, and the protection from disciplinary measures of workers and their representatives, should be taken into account to fulfil the aims set forth in Article 4 of the Convention. The Committee requests the Government to provide information on measures taken in law and in practice to formulate, implement and periodically review the national policy in accordance with this Article and to ensure that the most representative organizations of employers and workers are consulted in this process.

Articles 6 and 15. Functions and responsibilities in respect of OSH of public authorities, employers, workers and others. The Committee notes the information that an OSH policy is being adopted at the level of the undertaking, and coordination is provided through programme measures of that policy with the competent authorities, in particular with labour inspectorates, unions and other concerned organizations. It also indicates that in accordance with section 2 of the Federation of the Bosnia and Herzegovina Work Protection Law, and section 4 of the Work Protection Law of the Republika Srpska, the employer is obliged to undertake the necessary means for the implementation and the promotion of the occupational safety and health. As regards section 4 of the Federation of the Bosnia and Herzegovina Work Protection Law and section 49 of the Work Protection Law of the Republika Srpska, unions have the right to take part in the arrangement, undertaking and promotion of the occupational safety of the workers in compliance with the law and regulations adopted. The Committee recalls that the policy at issue should be formulated at the national level. Furthermore, in the field of OSH, public authorities should have administrative functions with responsibilities for areas such as policy development and review, legislation enactment and enforcement, labour relations and employment, health, science, research, social protection, education, knowledge management, environment, and emergency response. In this regard, systems for coordination and cooperation between the different authorities and bodies involved in the administration of the national OSH system are necessary to ensure coherence of action at all levels and to facilitate the flow of and access to information. The assignment of this function to a central body is an effective way to enhance the performance of such systems. Mechanisms for the consultation of employers’ and workers’ organizations as well as other stakeholders and their participation in policy and legislation development and review are also needed to take their views and concerns into account and ensure their support in implementation. The Committee requests the Government to provide information on measures taken to regulate the functions and responsibilities in respect of occupational safety and health of public authorities, employers, workers and others, in accordance with Articles 6 and 15 of the Convention.

Article 9. Labour inspection and penalties. The Committee notes the information that sections 54 to 57 of the Work Protection Law of the Brcko District of Bosnia and Herzegovina provide for labour inspection systems to enforce legal provisions on conditions of work and protection of workers. Sections 64 to 68 of the same law provide for penalties. The Government also indicates that inspection authorities are responsible for providing employers and workers with special expertise in order to help them in fulfilling their legal obligations. However, the Government’s report does not reflect the enforcement of laws and regulations concerning OSH as regards the Federation of Bosnia and Herzegovina nor provisions made for adequate penalties for violations of laws and regulations. The Committee requests the Government to provide further information on the organization and functioning of the inspection services responsible for the enforcement of law and regulations concerning OSH, in particular in the Federation of Bosnia and Herzegovina and in the Republika Srpska.

Article 10. Measures taken to provide guidance to employers and workers. The Committee notes the information that no special measures have been undertaken in order to give effect to the provision of this Article but that the inspection authorities are responsible for providing employers and workers with expert assistance in order to help them in the fulfilment of their legal obligations. The Committee draws the attention of the Government to the importance of using further means of guidance and information, such as national specialized bodies capable of handling and disseminating large flows of data, such as central OSH agencies and dedicated institutes, occupational health services, as well as vocational education systems often established by organizations of employer and workers. Professional associations and approved technical certification bodies have also an information role in the process of certification of OSH-related skills. The advent of Internet and other means of electronic communication systems have greatly facilitated access to, and dissemination of, free and reliable electronic information publications through networks linking major national, regional and international agencies with responsibilities in the area of OSH. The Committee requests the Government to indicate measures taken or envisaged in law and in practice to give effect to this Article of the Convention.

Article 12. Obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that the Government refers to sections 15 to 25 of the Work Protection Law of the Republika Srpska and to sections 10 to 17 of the Work Protection Law of the Federation of Bosnia and Herzegovina. The Committee notes that it is not clear whether the referenced legislation gives effect to this Article of the Convention. The Committee requests the Government to provide information on the effect given in law and in practice to this Article of the Convention.

Articles 13 and 19(f). Right to removal. The Committee notes the information that section 65 of the Work Protection Law of the Republika Srpska and section 50 of the Work Protection Law of the Federation of Bosnia and Herzegovina as well as the article 49 of the Law on protection at work of the Brcko District provide that workers have the right to refuse to work if there is an imminent threat to their life or health. The Committee notes, however, that the Government’s report is silent on the protection of workers from undue consequences provided for in this Article. The Government is requested to indicate measures taken or envisaged to ensure that workers who remove themselves from work situations are protected from any undue consequences in accordance with Articles 13 and 19(f) of the Convention.

Article 14. Measures taken or envisaged with a view to promoting the inclusion of questions of OSH at all levels of education and training. The Committee notes that the Government refers to provisions dealing with education and training of workers at the level of the undertaking, while this Article deals with education at all levels, including higher technical, medical and professional education. The Committee would like to recall the importance of OSH education and training not only for those immediately concerned with the issue but also for the society at large. The implication here is that the acquisition of knowledge of OSH principles through national, educational and training systems is the most effective way to ensure that future employers and workers will apply these principles when they enter in the world of work. The Committee requests the Government to indicate measures taken in law and in practice to give full effect to this Article of the Convention.

Article 17. Collaboration in complying with the requirements of the Convention when two or more enterprises engage in activities simultaneously at one workplace. The Committee notes the Government refers to section 14 of the Work Protection Law of the Republika Srpska and to section 18 of the Work Protection Law of the Federation of Bosnia and Herzegovina. The Committee notes that it is not clear whether the referenced legislation gives effect to this Article of the Convention. The Committee requests the Government to provide further information on legislative or other provisions giving effect to this Article of the Convention.

Article 18. Measures to deal with emergencies and accidents, including adequate first-aid arrangements. The Committee notes that the Government states without further details that employers are legally required to take appropriate measures in order to face any emergencies and accidents, including adequate first aid arrangements. The Committee requests the Government to provide copies of relevant legislation giving effect to this provision of the Convention.

Article 20. Cooperation between management and workers and their representatives within the undertaking. The Committee notes the information that laws and regulations in Bosnia and Herzegovina give effect this Article of the Convention, without giving further specifications. The Committee requests the Government to provide copies of relevant legislation on measures adopted to give effect to this Article of the Convention.

Part V of the report form. Application in practice and labour inspection. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported, etc.