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

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

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.

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

The Committee notes the Government’s latest report and welcomes the adoption of a new Law on Safety and Health at Work (No. 10237) on 18 February 2010 and the attached copy of the Document of Strategic Policies on Occupational Safety and Health 2009–13 adopted on 6 May 2009. The Committee asks the Government to continue to provide information on the legislative measures taken concerning the Convention.

Articles 4 and 7 of the Convention. National policy and reviews at appropriate intervals. The Committee notes with interest the Document of Strategic Policies on Occupational Safety and Health 2009–13, which states that improving occupational safety and health (OSH) can be ensured by implementing preventative measures and specific programmes and measures which can improve working conditions and eliminate risks and factors determining the incidence of occupational accidents and diseases or other occupational health damage. The Committee also notes that a number of the strategic objectives and priorities of this Document give further effect to the provisions of the Convention. The Committee asks the Government to continue to provide information on the formulation, implementation and periodical review of the national policy on occupational safety, occupational health and the working environment; and in particular on the review, at appropriate intervals, of the situation regarding OSH, in accordance with Article 7. The Committee also asks the Government to provide information on the progress of the strategic objectives and priorities of the Document of Strategic Policies on Occupational Safety and Health 2009‑13, with particular reference to measures taken which give further effect to the provisions of the Convention.

Articles 5(e) and 13. The Committee notes the information that sections 7(1) and 7(2)(a) of the Law on Safety and Health at Work requires the employer to designate one or more workers to carry out activities related to the protection of safety and health and prevention of occupational risks for the enterprise/institution, and that designated workers may not be placed at any disadvantage because of their activity related to the protection and prevention of occupational risks. The Committee further notes that the Government has not provided information on the application of Article 13. The Committee asks the Government to provide further information on the measures taken or envisaged to ensure full application of Article 5(e) to workers; and to indicate the measures taken or envisaged to apply the provisions of Article 13.

Article 11(c), (d) and (f). The Committee notes the information indicating that, under sections 24 and 25 of the Law on Safety and Health at Work, any accident resulting in death or physical injuries to the person, which occurred at work or whilst in an occupational activity, as well as any occurrence of an occupational disease, shall be communicated immediately to the employer by the person in charge of OSH in the workplace or by any other person who has knowledge of it and the employer shall immediately notify such an accident to the relevant authorities. The Committee notes that the Document of Strategic Policies states that the sources of information for the collection of statistics on occupational diseases are very limited and that there is a real absence of activity concerning the exchange of statistical information between various institutions with regard to accidents at work and occupational diseases. The Document of Strategic Policies also states that one of the areas of focus, namely implementation of new tools for effective OSH prevention, requires action through the creation of a system of independent investigation of accidents at work through labour inspection, as well as the creation of a system for substantive identification of occupational diseases. The Committee asks the Government to provide further information on the production of annual statistics on occupational accidents and diseases, as required under Article 11(c); to provide further information on the progress with regards to the investigation of accidents at work and the identification of occupational diseases, as indicated in the Document of Strategic Policies (Article 11(d)); and to indicate the measures taken or envisaged to ensure the functions under Article 11(f) are progressively carried out.

Article 12. Obligations on those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that the Government has not provided information on the application, in law and in practice, of this Article of the Convention. The Committee asks the Government to provide information on the measures taken or envisaged, in law and in practice, to give effect to the requirements under Article 12.

Part V of the report form. Application of the Convention in practice. The Committee notes with interest the detailed information provided by the Government in the Document of Strategic Policies indicating that, according to the research carried out by the State Labour Inspectorate (SLI) over a period of several years, the sectors with particular problems, including a high number of work accidents and occupational diseases, include the construction industry; mining, ore excavating companies; brick and cement factories; shoe manufacturers; crude oil excavating and processing companies; and power generation and distribution companies. The Committee notes that, according to data gathered by the SLI during 2006, 146 employees were subject to accidents at work in various sectors, of which 33.5 per cent occurred in production companies, 16.4 per cent in mines, and 14.4 per cent in the construction industry; and that, during 2007, the number of accidents at work was 118, 29.6 per cent of which were in production companies, 10.2 per cent in mines, and 17.8 per cent as a result of road accidents. The Committee notes that the Document of Strategic Policies aims to reduce the number of work accidents and occupational diseases by 15 per cent between 2009–13 (with an emphasis on the lowering of the number of fatalities); and to develop and adopt specific OSH rules for high-risk sectors, including construction, transport, chemicals and agriculture. The Committee also welcomes the intention to extend the control area of the SLI to the agricultural sector. The Committee asks the Government to provide further information on the outcomes of the proposed measures in the Document of Strategic Policies; and to continue to provide information on the application of the Convention in practice.

The Committee notes that the Government has not provided information on the application, in law and in practice, of the Protocol of 2002. The Committee asks the Government to provide information on the measures, in law and in practice, which give effect to the provisions of the Protocol.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its first report. The Committee has also been informed that the Government is in the process of developing a national strategy on occupational safety and health (OSH) due for adoption in 2009 as well as new legislation in this area, including a comprehensive new law on OSH with implementing legislation. Pursuant to a request from the Government, the Office has provided technical comments on the draft OSH law. As the adoption of this strategy and the new OSH law no doubt will have a considerable impact on the effect given to this Convention by Albania, the Committee would like to examine available information in the light of these new developments. The Committee requests the Government to submit copies of the national strategy and OSH and any relevant new legislation once it has been adopted.

[The Government is asked to report in detail in 2010.]