Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. The Committee notes the information contained in the Government’s report, including the attached legislation and documentation. The Committee notes with interest the adoption of the Health and Safety at Work Act (Ur.l.RS, No. 56/99 in 64/01), the Health Services Act (Ur.l.RS, No. 9/92, 2/04), the Medical Service Act (Ur.l.RS, No. 98/99, 67/02, 15/03, 2/04), the Resolution on National Programme of Health and Safety at Work (Ur.l.RS, No. 126/03) and the Rules on Preventive Health Examination of Workers (Ur.l.RS, No. 87/02). It also notes the information provided by the Government’s report concerning effect given to Articles 1(b), 2, 5, paragraphs (c) to (i), 6(b), 7, 9, paragraph 2, 11 and 14 of the Convention.

2. Article 1(a). Objectives and functions of occupational health services. The Committee notes that the tasks of medical services are performed by authorized physicians, in accordance with sections 20 and 21 of the Health and Safety at Work Act. These authorized physicians cooperate in risk assessments at the workplace, acquainting workers with risks, and perform the task of health education of workers, propose measures for improving the health of workers exposed to greater danger of injury and health damage, and advise employers in relation to working processes. The Committee notes that this text does not contain indications with regard to establishing and maintaining mental health or the adaptation of work to the capabilities of workers as required by this Article of the Convention. The Committee requests the Government to indicate in its next report the measures taken or envisaged to give full effect to this Article of the Convention.

3. Article 3. Establishment of health services. Referring to its previous comments, the Committee notes that medical verification units in the transport and sport sectors have been established at the primary, secondary and tertiary levels. It also notes that the Health and Safety at Work Act seems to exclude from its scope the activities related to defence and internal affairs, which remain regulated under special regulations. The Committee requests the Government to provide information in its next report on measures taken to ensure that all workers in all branches of economic activity and all enterprises are covered by occupational health services. It also requests the Government to indicate the procedures followed for consultations with representative organizations of employers in this context.

4. Article 5(b). Functions of occupational health services. With reference to its previous comments, the Committee notes that the Government’s report does not contain indications in response to its request. The Committee reiterates its request to the Government to take the necessary measures to ensure surveillance of the working environment and working practices which may affect workers’ health, including sanitary installations, canteens and housing, where these facilities are provided by the employer.

5. Article 6(a). Measures to organize occupational health services. With reference to its previous comments, the Committee notes that the Government’s report does not contain indications regarding the establishment of occupational health services as provided for by the Convention. The Committee asks once again the Government to indicate in its next report how effect is given to this provision of the Convention.

6. Article 10. Independence of health service personnel. The Committee notes that the tasks of health care at work are performed by a public health institution, legal entity or physical person, which guarantees the independence of authorized physicians. The Committee requests the Government to indicate the measures adopted to ensure that personnel providing occupational health services enjoy full professional independence from employers, workers and their representatives.

7. Article 15. Notification to health services of absences from work for health reasons. With reference to its previous comments, the Committee notes that the report does not provide any information with respect to notifications to health services of absence of work for health reasons. The Committee hopes that the necessary measures will be taken in the very near future to ensure that the occupational health services are regularly informed of occurrences of ill health amongst workers and absence from work for health reasons so that they might be able to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace.

8. Part VI of the report form. Practical application. The Committee notes the report of the labour inspectorate for 2003 that preventive health examinations are carried out by physicians specializing in occupational medicine, but that the prescribed time limits for examinations are varied. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice with particular attention to statistical data, disaggregated by gender, if possible, concerning the activities of occupational health services.