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

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - North Macedonia (Ratification: 1991)

Article 1(2) and (3) of the Convention. Scope. The Committee notes that section 2 of the Law on Occupational Safety and Health (Official Gazette of RM br.92/07) (Law on OSH), states that the provisions of this law shall apply in all spheres of the public and private sector. The Committee further notes that the law shall not apply to activities if this matter has been regulated by a special regulation, for example the armed forces, police and to certain activities of the rescue and protection forces; and that domestic workers are excluded from application of the law. The Committee asks the Government to provide further information on the measures in place to give adequate protection to workers in excluded branches, in particular domestic workers; information on the measures towards wider application of the Convention; and to indicate the consultations undertaken with the most representative organizations of employers and workers.

Article 3. Definitions. The Committee notes that the Government has not provided specific information on the measures that define the terms “air pollution”, “noise” and “vibration”. The Committee asks the Government to indicate the definitions, in law and in practice, of the terms specified under Article 3 of the Convention.

Article 4(1). Measures to be taken for the prevention and control of occupational hazards. The Committee notes the information that the Rulebook on the Safety Statement requires the employer to undertake a risk assessment to eliminate or reduce the risk from hazards in the workplace, including chemical hazards (dust, liquids, gases and smoke) and physical hazards (noise and mechanical vibrations), and that the Rulebook on the exposure of workers to risk arising from noise prescribes measures to be taken for the prevention and control of, and protection against, noise. The Committee asks the Government to indicate measures in legislation for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution; and to attach a copy of the Rulebook on the Health and Safety at Work Requirements Regarding the Exposure of Workers to the Risks Arising from mechanical vibrations, indicating the specific provisions which give effect to the requirements under Article 4(1).

Article 7(2). Rights of workers or their representatives. The Committee notes the information provided by the Government regarding section 27 of the Law on OSH, which requires the employer to allow workers and their representatives to participate in the discussion on all issues pertaining to occupational safety and health (OSH); section 31(1), which requires employers to provide workers with appropriate OSH training; and section 38(2), which states that it is the right and obligation of every worker to make proposals, give opinions and remarks regarding OSH to the safety officer and medical institutions. The Committee asks the Government to indicate the measures taken or envisaged, in law and in practice, to allow workers or their representatives to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8(1). Establishing criteria for determining hazards. The Committee notes the information which indicates that the Rulebook on the Safety Statement determines the content and data of the risk assessment to be undertaken with regards to occupational hazards in the workplace, and that the regulations on noise and vibrations specify exposure limits for workers and criteria for undertaking a risk assessment and assessing the level of exposure. The Committee asks the Government to indicate the measures taken or envisaged, in law and in practice, to establish criteria for determining the hazards of exposure to air pollution in the working environment.

The Committee also notes that the Government has omitted to provide information on the application of Articles 8(2) and (3), 11(3), 12, and 14 of the Convention. The Committee requests the Government to provide information on the application of these Articles, in law and in practice.

Part IV of the report form. Application of the Convention in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, 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 occupational accidents and diseases reported.