Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 from the Government’s report that activities regulated by special laws, such as the armed forces, the police, and some of the activities of the rescue and protection forces, as well as customs workers, are not covered by the Law on Occupational Safety and Health (Law on OSH). It notes however, that domestic workers are now covered by the Law on OSH as of October 2011. The Committee requests the Government to take the appropriate measures, including the adoption of new legislation, to guarantee the application of the Convention to workers which are not covered by the Law on OSH.

Article 4(1). Measures to be taken for the prevention and control of occupational hazards. The Committee notes in the Government’s report information on measures for the reduction and prevention of risks at work and that the Government refers to section 12 of the Law on OSH, which states the general obligation of an employer in regard to occupational safety and health. The Committee notes that this provision is not specific to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration. The Committee does note however, that section 4 of the Rulebook for occupational safety and health regarding exposure to the risks arising from noise states the exposure limits for noise, but does not give specific measures to be taken in order to reduce the risk associated with such exposure. The Committee further notes that if an employer does not act upon a decision by the state labour inspector, the state labour inspector proposes a settlement procedure before applying for an infringement procedure to the competent court. The Committee once again requests the Government to indicate the specific provisions in its national legislation which provide for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration.

Article 7(2). Rights of workers or their representatives. The Committee previously noted the information provided by the Government regarding sections 27, 31(1) and 38(2) of the Law on OSH. The Committee asked 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. Noting that the Government has not supplied the information requested, the Committee once again requests it to do so.

Article 8(1). Establishing criteria for determining hazards. The Committee previously asked 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. Noting that the Government’s report contains no information in this regard, the Committee once again requests 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, once again, that the Government has omitted to provide information on the application of Articles 8(2)–(3), 11(3), 12, and 14 of the Convention. The Committee reiterates its request that the Government provides information on the application of these Articles, in law and in practice.

Application of the Convention in practice. The Committee notes from the Government’s report that, in 2013, the state labour inspectors covered 134,693 employees in the field of occupational safety and health and performed examinations of allowed values of exposure to noise and vibrations in 150 legal entities, and that identified deficiencies have been corrected. The Committee requests 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 and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported.