Occupational Safety and Health Convention, 1981 (No. 155) - North Macedonia (Ratification: 1991)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.13, C.119, C.136, C.139, C.148, C.155, C.161, C.162 and C.187

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on Occupational Safety and Health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (underground work (women)), 119 (guarding of machinery) 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise and vibration), 155 (OSH), 161 (occupational health services), 162 (asbestos) and 187 (promotional framework for OSH) together.

Legislative developments and application in practice of Conventions Nos 13, 119, 136, 139, 148, 155, 161, 162 and 187. The Committee notes the information provided by the Government on the recent legislative measures taken in consultation with the employers’ and workers’ organizations, including the amendment or adoption of new Rulebooks on safety and health. It also notes the Government’s indication that consultations have been held with government institutions, employers’ and workers’ organizations, as well as OSH experts, for the drafting of a new regulation on occupational safety and health in manual handling of loads, as well as a new law on occupational safety and health. The Committee also notes the information provided by the Government in its report on the number of inspections carried out, violations detected, and sanctions imposed. The Committee requests the Government to continue to provide information on the application in practice of the ratified Conventions on OSH, including the number, nature and cause of the occupational accidents and diseases notified, as well as information on the inspection activities carried out, including the number of inspections conducted, violations detected, and penalties imposed.

A. General Provisions

Occupational Safety and Health Convention, 1981 (No. 155) and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the information provided by the Government on Article 5(a),(b), (c), (d) and (e),Article 10,Article 11(a), (b), (d) and (f), and Article 14 of Convention No. 155, as well as Article 2(2) and Article 4 of Convention No. 187, which respond to the Committee’s previous requests.

Article 2(3) of Convention No. 187. Ratification of relevant OSH Conventions of the ILO. Further to its previous comments, the Committee notes the information provided by the Government on the initiatives and procedures taken in consultation with employers’ and workers’ organizations for the possible ratification of the Safety and Health in Construction Convention, 1988 (No. 167), the Safety and Health at Work in Mines Convention, 1955 (No. 176) and the Safety and Health in Agriculture Convention, 2001 (No. 184), including the conduct of gap analyses of the legislation in relation to the standards provided for by these Conventions. It also notes the Government’s indication that the discussion on the possible ratification of these Conventions is on the agenda of the next session of the tripartite Economic and Social Council. The Committee requests the Government to continue to provide information on the consideration given to the ratification of Conventions Nos. 167, 176 and 184, including progress made in this regard. It also requests the Government to provide information on the consultations held in that respect in the Economic and Social Council.

Articles 4, 6, 7 and 15 of Convention No. 155 and Article 3 of Convention No. 187. National policy on OSH. Further to its previous comments, the Committee notes the Government’s indications that, in accordance with section 43(2) of the OSH Law of 2007, the National Council for Safety and Health at Work (OSH Council) examines and makes recommendations on the situation in the field of OSH, the development of OSH laws and regulations, policies to prevent and reduce occupational accidents and diseases and the OSH programme. The Council meets at least three times a year.

The Committee notes the Government’s indications that the Strategies for Safety and Health at Work for 2020 and 2021–25, and its corresponding Action Plans, were prepared in coordination with the OSH Council, as well as with employers’ and workers’ organizations and relevant OSH experts. Implementation of the Strategy for 2020 included the initiation of consultations for the amendment of the OSH Law, training activities on the prevention of occupational risks carried out by the State Labour Inspectorate and various workers’ organizations, awareness-raising activities in the field of OSH carried out by the Institute of Occupational Medicine and university institutions and research activities for the prevention of work-related stress. The review and evaluation process of the OSH Strategy 2020 was carried out within the OSH Council. Several areas for improvement were identified, including mechanisms for the notification of occupational accidents and diseases and the effective implementation of the National Programme for the Elimination of Diseases caused by Asbestos.

The Government indicates that the priorities of the OSH Strategy for 2021–25 include the improvement of the OSH legal framework and the implementation of OSH measures to respond to existing and emerging risks. The OSH Strategy for 2021–25 focuses on risk prevention, awareness-raising and the participation and cooperation of relevant OSH actors, including government institutions, employers’ and workers’ organizations, occupational medicine and educational institutions. The Committee requests the Government to continue to provide information on the implementation and periodic review of the OSH strategies, in consultation with employers’ and workers’ organizations. In this regard, it requests the Government to indicate the results of these reviews including the main problems identified, the methods for addressing them and the priorities for action established.

Article 11(c) and (e) of Convention No. 155. Establishment and application of procedures for the notification of occupational accidents and diseases and production and publication of annual statistics. Further to its previous comments, the Committee notes that under section 36 of the OSH Law, the employer has the obligation to immediately, and at the latest within 48 hours after the event, notify the labour inspector and the president of the trade union organization of any deaths, collective accidents or injuries at work and of any phenomenon that poses an immediate danger to the safety of workers. The Committee requests the Government to provide further information on the measures taken to progressively carry out the application of procedures for the notification of occupational accidents and diseases by employers, insurance institutions and others directly concerned. It also requests the Government to provide information on the measures taken for the production and publication of annual statistics on occupational accidents and diseases.

Article 12 of Convention No. 155. Obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee requests the Government to provide information on the measures taken, in law and in practice, to ensure the responsibilities of those who design, manufacture, import, provide or transfer machinery and equipment for occupational use with regard to the safety and security of concerned persons, as required by Article 12 of the Convention.

Article 5. National programme on OSH. Further to its previous comments, the Committee notes the Government’s indications that the Action Plan for the period 2021–23 for the implementation of the OSH Strategy for 2021–25, has been established in consultation with employers and workers organizations. The documents on the OSH Strategy for 2021–25 and its corresponding plan for the period 2021–23 have been distributed to all relevant OSH entities and have been published on the website of the Ministry of Labour and Social Policy. The Committee further notes that the Action Plan establishes the corresponding time frames for each of the activities, the responsible institutions for each of the activities planned, as well as the monitoring indicators. The Committee requests the Government to provide information on any evaluation carried out of the OSH Action Plan for the period 2021–23 in consultation with the social partners, and on how this evaluation contributes to the formulation of the Action Plan for the subsequent period.

Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the information provided by the Government on Article 5 of the Convention on functions of occupational health services, which responds to the Committee’s previous requests.

Article 1(a)(ii) of the Convention. Adaptation of work to the capabilities of workers. Further to its previous comments, the Committee notes that the Government indicates that, among its functions, the Institute of Public Health proposes and applies the criteria for the assessment of workers’ capacity to work required by other regulations. It also notes that under section 20 of the OSH Law of 2007, authorized health institutions are responsible for submitting proposals on safety measures and for consulting on the selection of more suitable work tasks. The Committee requests the Government to provide further information on how the criteria proposed by the Institute of Public Health on the assessment of workers’ capacity to work are taken into account by occupational health services when advising employers, workers and their representatives in undertakings on the adaptation of work to the capabilities of workers in the light of their state of physical and mental health.

Articles 2 and 4. Coherent national policy on occupational health services in consultation with the most representative organizations of employers and workers and measures taken to give effect to the provisions of the Convention. In response to its previous comments, the Committee notes that the Government indicates that (i) representative organizations of employers and workers are consulted in the framework of the tripartite OSH Council and Economic and Social Council; (ii) in accordance with section 43(2) of the OSH Law of 2007, the OSH Council examines, issues opinions and recommendations and continuously reviews the national occupational safety and health strategies and their action plans, as well as the development of OSH laws and regulations; (iii) the review of the implementation of strategic priority No. 2 of the National Strategy for Safety and Health 2021–25 and its Action Plan for Safety and Health at Work 2021–23 concerning the protection of workers’ health highlights the need to improve both public and private occupational health services, in terms of the coverage of occupational health services, the functions they perform, the quality of the services provided and the surveillance of workers’ health; and (iv) under section 23 of the Law on Health Care, the Institute of Public Health, as coordinator of the national Network of Occupational Health, including public and private occupational health services, provides methodological and expert advice to occupational health services. The Committee requests the Government to provide information on the measures taken to ensure the effective implementation of the national OSH strategies and their action plans, with respect to occupational health services, including the progress made in addressing the deficiencies identified.

Article 3. Progressive development of occupational health services for all workers. In response to its previous comments, the Committee notes that the Government indicates that work activities excluded from the OSH Law of 2007 are covered by occupational health services provided by different State agencies and ministries including the Ministry of Health, the State Sanitary and Health Inspectorate, the Pension and Disability Committees from the Pension and Disability Insurance Fund and the army headquarters. The Government also indicates that the Institute of Public Health has initiated public health interventions in cooperation with the Ministry of Health and the Ministry of Labour and Social Policy to increase the coverage of occupational health services for vulnerable groups of workers, including workers in the informal economy, and adds that there is still a need for further development of occupational health services in order to improve their coverage for all workers in practice, including young workers, older workers, women workers, workers in high-risk sectors such as construction, agriculture, mining and health, as well as workers in small and medium-sized enterprises, migrant workers and workers in the informal economy. The Committee requests the Government to continue to provide information on the measures taken to ensure the progressive development of occupational health services for all workers in practice.

Articles 7, 9 and 10. Organization and conditions of operation for occupational health services. With reference to its previous comments, the Committee notes that the Government indicates that: (i) occupational health services are an integral part of the country’s healthcare system; (ii) the occupational health network, composed of public and private healthcare facilities, is coordinated by the Institute of Public Health, which has a multidisciplinary approach; (iii) according to the data from the Ministry of Health, there are 52 authorized occupational health facilities with 71 occupational health specialists; (iv) under section 7 of the OSH Law of 2007, occupational health services shall cooperate with the other services in the undertaking; and (v) it is necessary to establish coordination mechanisms between occupational health services and other services with health competencies. The Committee requests the Government to provide information on the measures taken to ensure adequate cooperation and co-ordination between occupational health services and, as appropriate, other bodies concerned with the provision of health services.

Article 15. Occupational health services to be informed of any known factors which may affect the health of workers. The Committee requests the Government to provide information on the measures taken to ensure that occupational health services are informed of cases of ill health among workers and of absence from work for health reasons, so as to be able to identify whether there is any link between the reasons for ill health or absence and any health risks that may be present in the workplace.

B. Protection against specific risks

White Lead (Painting) Convention, 1921 (No. 13)

Article 5, Part III(a). Notification of cases of lead poisoning. The Committee refers to its comment above on Article 11(c) of Convention No. 155.

Guarding of Machinery Convention, 1963 (No. 119)

The Committee notes the information provided by the Government concerning Articles 12 and 14 of the Convention, which responds to the Committee’s previous request.

Article 1(3) of the Convention. Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. The Committee once again requests the Government to provide information on any measures taken or envisaged to ensure the effective application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery.

Articles 2 and 4. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Recalling once more that the objective of Article 2 of the Convention is to guarantee that machines are safe before they are operated or in use, the Committee, once again, requests the Government to provide information on any measures taken or envisaged to ensure that the sale and hire of machinery of which the dangerous parts specified in Article 2(3) and (4) are without appropriate guards shall be prohibited by national laws or regulations or prevented by other equally effective measures.

Article 3(3). Sale or transfer of machinery for storage, scrapping or reconditioning. The Committee, once again, requests the Government to provide information on measures taken or envisaged to give effect to Article 3 of the Convention.

Article 10. Measures establishing the employers’ obligation to bring relevant national legislation to the notice of workers and workers’ instructions. The Committee requests the Government to indicate how employers give notice to workers and instruct them regarding the dangers arising, and the precautions to be observed, in the use of machinery and establish and maintain environmental conditions so as not to endanger workers covered by the Convention.

Benzene Convention, 1971 (No. 136)

Legislation. With reference to its previous comments, the Committee notes the information provided by the Government on the measures giving effect to the Convention set out in the Rulebook on the minimum requirements for safety and health at work for employees from risks related to exposure to carcinogens, mutagens or substances toxic to the reproductive system No. 110 of 2010.

The Committee also notes the information provided by the Government on the measures set out in the Rulebook on the minimum requirements for occupational safety and health of employees from risks related to exposure to chemical substances, published in the Official Gazette No. 46 of 2010. It notes the prohibitions on the production and use of benzene established in Appendix No. 3, as well as the binding limit value for occupational exposure to benzene of 1 ppm established in Appendix No. 1 of this Rulebook. Lastly, it notes the Government’s indication that the State Labour Inspectorate together with the State Sanitary and Health Inspectorate are the authorities competent to supervise the compliance of the Rulebooks. The Committee notes this information which responds to its previous request.

Occupational Cancer Convention, 1974 (No. 139)

The Committee notes the information provided by the Government concerning Article 6(a) and (b) of the Convention on consultations with the most representative organizations of employers and workers concerned and bodies in charge of ensuring compliance with the provisions of the Convention, which responds to the Committee’s previous request.

Article 1(1) of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control.The Committee requests the Government to indicate the measures taken to ensure that the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control is periodically determined taking into account the latest information contained in the codes of practice or guides which may be established by the ILO, as well as information from other competent bodies.

Article 5. Medical examination and health supervision. Further to its previous comments, the Committee notes the Government indications of the requirements related to health examination prior to and during the employment relationship (section 1 of the Decree on the type, method, scope and price list of health examinations of employees No. 60 of 2013).

It also notes the Government’s indication that under section 16(2) of the Rulebook on the minimum requirements for safety and health at work for employees from risks related to exposure to carcinogens, mutagens or substances toxic to the reproductive system of 2010, workers should be provided with information and advice on the subsequent monitoring of health conditions after the end of exposure. It further notes the Government’s indication that medical examinations after termination of employment are not frequently carried out in practice. The Committee once again requests the Government to provide information on the measures adopted to ensure that workers exposed to carcinogenic substances and agents are provided with medical examinations or biological or other tests or investigations after the period of employment, to evaluate and supervise their state of health in relation to occupational hazards, in accordance with Article 5 of the Convention.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided by the Government, in response to its previous request, on the measures to give effect to Articles 1(2) and (3), 7(2), (1) and (2), 11(3) and 12 of the Convention.

Article 8(3). Criteria for determining the hazards of exposure to air pollution, noise and vibration and exposure limits.The Committee requests the Government to provide information regarding the manner in which it is ensured that criteria and exposure limits are revised regularly in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace, in accordance with Article 8(3) of the Convention.

Article 12. Notification to the competent authority.The Committee requests the Government to provide information regarding the measures taken or envisaged to give full effect to this provision of the Convention in respect of noise and vibration.

Asbestos Convention, 1986 (No. 162)

Article 3 of the Convention. Protection of workers against health hazards due to occupational exposure to asbestos. With regard to its previous comment on the implementation of the prohibition of asbestos established in the List of Prohibition and Restrictions for Use of Chemicals No. 57 of 2011, the Committee notes the information provided by the Government on the enforcement activities conducted by the State Labour Inspectorate and information and awareness activities carried out. It also notes the information provided by the Government on the difficulties encountered in the implementation of the prohibition of asbestos, including (i) the lack of knowledge and information of employers regarding their obligations in the implementation of the Rulebook on minimum requirements for safety and health of employees from the risks associated with exposure to asbestos at work (including obligations on measurements of asbestos fibres, on the training of employees and issuance of certificates to the employer for competency to work with asbestos materials) and (ii) the number of workers in the informal economy who perform activities with asbestos.

In this regard, the Committee notes the information provided by the Government on the considerable number of workers who work with asbestos comprising employees working in the maintenance and demolition of older buildings built with materials containing asbestos in the storage and transportation of asbestos waste and in the maintenance of household appliances and motor vehicles containing parts of asbestos materials. In this context, the Committee requests the Government to continue to provide information on the implementation of measures to protect workers who may be exposed to asbestos in the course of their work, including with respect to the application of Article 13 (employer’s obligation to notify certain types of work involving exposure to asbestos), Article 15 (obligations regarding the limits for the exposure of workers to asbestos), Article 17 (obligations regarding demolition of plants or structures containing asbestos), Article 18 (obligations regarding workers’ clothing and washing facilities), Article 19 (obligations regarding the disposal of waste containing asbestos) and Article 22(1) (medical examinations; measures when continued assignment to work involving exposure to asbestos is found to be medically inadvisable) of the Convention.

Article 4. Consultations with the most representative organizations of employers and workers concerned regarding the measures to be taken to give effect to the provisions of the Convention. Further to its previous comments, the Committee notes the Government’s indication that during 2018 and 2019, the Institute of Occupational Medicine implemented a campaign to strengthen awareness and capacities to deal with the problem of asbestos at the national, local and enterprise levels, within the framework of the National Programme for the Elimination of Diseases Caused by Asbestos.

The Committee further notes that the OSH Strategy for 2021–25 and the OSH Action Plan for the period 2021–23, which have been developed in consultation with employers’ and workers’ organizations, provide for a number of activities, including the revision of limit values, the identification of risk groups of workers, the implementation of the National Programme for the Elimination of Diseases Caused by Asbestos and the preparation of an awareness-raising campaign on the risk of the harmful effects of asbestos in the working environment for different target groups. Taking due note of these measures, the Committee requests the Government to provide information on the results achieved in the activities concerning the protection of workers’ safety and health from asbestos carried out in the framework of the OSH Strategy for 2021–25 and the OSH Action Plan for the period 2021–23, including information on the implementation of the National Programme for the Elimination of Diseases Caused by Asbestos.

Article 21(5). Notification of occupational diseases. Further to its previous comments, the Committee notes the information provided by the Government on issues related to the non-reporting of asbestos-related occupational diseases, including insufficient information on the number of workers with previous exposure to asbestos and the difficulties with the registration of occupational diseases in the Institute of Public Health.

It notes in this respect that the National Programme for the Elimination of Diseases Caused by Asbestos foresees the creation of a register of workers with current and previous exposure to asbestos and an increase in the number of laboratories to carry out measurements of asbestos concentration in the working environment.

In addition, the Committee notes that the Institute of Occupational Medicine developed a methodology for screening of asbestos-related diseases applicable to current and previous occupational exposure, which was applied in a pilot study in 2018 monitoring the effects of previous asbestos exposure of 110 employees of a former asbestos cement production plant. Noting that the improvement of the registration of occupational diseases is one of the most important courses of action within the National Programme for the Elimination of Diseases Caused by Asbestos and the OSH Strategy for 2021–25, the Committee requests the Government to provide information on the progress made with the registration of asbestos related-diseases of workers with previous and current occupational exposure, as well as on the development of a system of notification of occupational diseases caused by asbestos, in conformity with Article 21(5) of the Convention. It also requests the Government to provide information on the number of cases of occupational diseases caused by asbestos identified through the application of the screening methodology developed and notified to the competent authority.

A. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes the information provided by the Government regarding the transposition of a number of European Union directives into national legislation during the reporting period, namely through the adoption of the Rulebook on Minimal Requirements on Occupational Safety and Health for Work on Board Fishing Vessels and of the Rulebook on the Minimal Requirements for Occupational Safety and Health of Workers regarding Risks Related to Exposure of Physical Agents (Electromagnetic Fields). It also notes the information provided on the effect given to Articles 5(c) and 19(d) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Articles 4, 5, 6, 7 and 15 of the Convention. Principles of a national policy on occupational safety and health (OSH). The Committee notes the information provided by the Government regarding the establishment in 2011 of the Occupational Safety and Health Council (hereinafter “the Council”), an expert advisory body composed of representatives of the Government and of the most representative organizations of employers and workers tasked with reviewing and providing opinions on the national OSH Programme and Strategy, the drafting of OSH laws and regulations and on the state of OSH (section 43 of the Law on Occupational Safety and Health). The Committee also notes that the Government adopted a Programme on OSH which determines the Strategy on the Development of OSH (hereinafter the “Strategy”) in relation to the protection of life, health and the prevention of occupational accidents and diseases. The Strategy adopted for the 2011–15 period aims to include all of the relevant factors for the achievement of a modern, effective and efficient OSH system in the country which will contribute to the reduction of occupational injuries and diseases. The Strategy also served as the basis for the 2013–14 Action Plan for OSH, which determines, on the basis of the objectives of the OSH Programme, the specific actions, measures, time frame, responsible authorities and indicators for the monitoring and evaluation of the proposed activities. The Government further indicates that the implementation of the Strategy and the Action Plan is achieved through inter-sectoral activities and through social dialogue and the development of tripartite partnerships. However, the Committee notes that the Government does not provide sufficient information on the OSH principles contained in the Programme, Strategy and Action Plan, and therefore does not enable it to evaluate whether these components of the national policy give effect to the requirements of Articles 5, 6, 7 and 15 of the Convention. The Committee requests the Government to provide further information on the OSH Council, particularly with regard to its functions and the frequency of its meetings. It also requests the Government to provide detailed information on the manner in which the principles of Part II of the Convention are taken into account in the components of national policy, to provide information on the results of consultations held with regard to the implementation and periodical review of national policy, and to submit copies of relevant national OSH documents, including the Programme, Strategy and Action Plan.

Article 10. Guidance to employers and workers. The Committee notes the indication of the Government that in April 2013, a fair was held in Skopje to inform employers of their legal obligations in relation to OSH and to share new expertise and skills in this field. The Committee requests the Government to provide further information on measures taken or envisaged to ensure that guidance is provided to employers and workers so as to help them to comply with the legal obligations in relation to OSH.

Articles 11(a)–(f), 12(a)–(c), 14 and 19(e). Obligation of the competent authorities to ensure that certain functions are progressively carried out. Obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Measures taken or envisaged with a view to promoting the inclusion of questions of OSH at all levels of education and training. Inquiries by the workers or their representatives on OSH questions and the possibility of involving technical advisers. The Committee notes that the Government has once again omitted to provide responses to the comments it formulated in 2008 regarding the effect given to the abovementioned Articles. The Committee once again reiterates its request that the Government provide information on the measures taken, in law and in practice, to give effect to Articles 11(a)–(f), 12(a)–(c), 14 and 19(e) of the Convention.

Application of the Convention in practice. The Committee notes the indication of the Government, in response to the Committee’s request, that a seminar on mobile construction sites was held in early 2013 and attended by construction company representatives, which included a presentation by OSH inspectors. The Committee also notes the statistical information provided by the Government, according to which the number of legal entities inspected with regard to the OSH training of employees increased from 14,437 in 2012 to 16,594 in 2013, while the number of entities where training deficiencies or irregularities were recorded decreased from 3,185 to 2,176. Furthermore, the Committee refers to the statistical information, provided by the Government in its report under the Occupational Health Services Convention, 1985 (No. 161), according to which a total of 15,687 irregularities were identified by labour inspectors with regard to OSH, and that these irregularities primarily related to mandatory health examinations, provision of personal protective equipment, and failure to undertake measures to remove fire and explosion hazards. However, the Committee notes that no statistical data is provided on the number of occupational accidents and diseases recorded during the reporting period. The Committee once again requests the Government to provide information on measures taken or envisaged to address the high number of occupational accidents and deaths in the manufacturing industry previously noted, and to continue to provide information on the measures taken in the construction industry. It also requests the Government to provide information on the application of the Convention in practice, including on the number of workers covered by the legislation, the number, nature and causes of the accidents and diseases reported, etc.

Technical assistance. The Committee notes the interest of the Government in receiving technical assistance from the Office to improve its legislation by bringing it into conformity with the ILO Conventions on OSH. The Committee therefore invites the Government to make a formal request for such a technical assistance to the Office.

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

Legislation. The Committee notes the information provided by the Government regarding the transposition of a number of European Union directives into national legislation during the reporting period, namely through the adoption of the Rulebook on Minimal Requirements on Occupational Safety and Health for Work on Board Fishing Vessels and of the Rulebook on the Minimal Requirements for Occupational Safety and Health of Workers regarding Risks Related to Exposure of Physical Agents (Electromagnetic Fields). It also notes the information provided on the effect given to Articles 5(c) and 19(d) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Articles 4, 5, 6, 7 and 15 of the Convention. Principles of a national policy on occupational safety and health (OSH). The Committee notes the information provided by the Government regarding the establishment in 2011 of the Occupational Safety and Health Council (hereinafter “the Council”), an expert advisory body composed of representatives of the Government and of the most representative organizations of employers and workers tasked with reviewing and providing opinions on the national OSH Programme and Strategy, the drafting of OSH laws and regulations and on the state of OSH (section 43 of the Law on Occupational Safety and Health). The Committee also notes that the Government adopted a Programme on OSH which determines the Strategy on the Development of OSH (hereinafter the “Strategy”) in relation to the protection of life, health and the prevention of occupational accidents and diseases. The Strategy adopted for the 2011–15 period aims to include all of the relevant factors for the achievement of a modern, effective and efficient OSH system in the country which will contribute to the reduction of occupational injuries and diseases. The Strategy also served as the basis for the 2013–14 Action Plan for OSH, which determines, on the basis of the objectives of the OSH Programme, the specific actions, measures, time frame, responsible authorities and indicators for the monitoring and evaluation of the proposed activities. The Government further indicates that the implementation of the Strategy and the Action Plan is achieved through inter-sectoral activities and through social dialogue and the development of tripartite partnerships. However, the Committee notes that the Government does not provide sufficient information on the OSH principles contained in the Programme, Strategy and Action Plan, and therefore does not enable it to evaluate whether these components of the national policy give effect to the requirements of Articles 5, 6, 7 and 15 of the Convention. The Committee requests the Government to provide further information on the OSH Council, particularly with regard to its functions and the frequency of its meetings. It also requests the Government to provide detailed information on the manner in which the principles of Part II of the Convention are taken into account in the components of national policy, to provide information on the results of consultations held with regard to the implementation and periodical review of national policy, and to submit copies of relevant national OSH documents, including the Programme, Strategy and Action Plan.

Article 10. Guidance to employers and workers. The Committee notes the indication of the Government that in April 2013, a fair was held in Skopje to inform employers of their legal obligations in relation to OSH and to share new expertise and skills in this field. The Committee requests the Government to provide further information on measures taken or envisaged to ensure that guidance is provided to employers and workers so as to help them to comply with the legal obligations in relation to OSH.

Articles 11(a)–(f), 12(a)–(c), 14 and 19(e). Obligation of the competent authorities to ensure that certain functions are progressively carried out. Obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Measures taken or envisaged with a view to promoting the inclusion of questions of OSH at all levels of education and training. Inquiries by the workers or their representatives on OSH questions and the possibility of involving technical advisers. The Committee notes that the Government has once again omitted to provide responses to the comments it formulated in 2008 regarding the effect given to the abovementioned Articles. The Committee once again reiterates its request that the Government provide information on the measures taken, in law and in practice, to give effect to Articles 11(a)–(f), 12(a)–(c), 14 and 19(e) of the Convention.

Application of the Convention in practice. The Committee notes the indication of the Government, in response to the Committee’s request, that a seminar on mobile construction sites was held in early 2013 and attended by construction company representatives, which included a presentation by OSH inspectors. The Committee also notes the statistical information provided by the Government, according to which the number of legal entities inspected with regard to the OSH training of employees increased from 14,437 in 2012 to 16,594 in 2013, while the number of entities where training deficiencies or irregularities were recorded decreased from 3,185 to 2,176. Furthermore, the Committee refers to the statistical information, provided by the Government in its report under the Occupational Health Services Convention, 1985 (No. 161), according to which a total of 15,687 irregularities were identified by labour inspectors with regard to OSH, and that these irregularities primarily related to mandatory health examinations, provision of personal protective equipment, and failure to undertake measures to remove fire and explosion hazards. However, the Committee notes that no statistical data is provided on the number of occupational accidents and diseases recorded during the reporting period. The Committee once again requests the Government to provide information on measures taken or envisaged to address the high number of occupational accidents and deaths in the manufacturing industry previously noted, and to continue to provide information on the measures taken in the construction industry. It also requests the Government to provide information on the application of the Convention in practice, including on the number of workers covered by the legislation, the number, nature and causes of the accidents and diseases reported, etc.

Technical assistance. The Committee notes the interest of the Government in receiving technical assistance from the Office to improve its legislation by bringing it into conformity with the ILO Conventions on OSH. The Committee therefore invites the Government to make a formal request for such a technical assistance to the Office.

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

The Committee notes the information provided by the Government in its latest report, which indicates the relevant EU directives transposed into national legislation during the report period. The Committee notes that the Government has not indicated whether the national policy and the Council for Occupational Safety and Health, mentioned in the Government’s previous report, have been established. The Committee further notes that the Government has omitted to provide responses to comments made by the Committee regarding effect given to Article 11(a)–(f), Article 12(a)–(c), Article 14 and Article 19(d)–(e). The Committee asks the Government to indicate in its next report whether a national policy has been adopted, and whether the Council for Occupational Safety and Health has been established, and any effect this has had on the application, in law and in practice, of Article 4, Article 6, Article 7 and Article 15. The Committee further reiterates its request that the Government provide information on measures taken, in law and in practice, to give effect to Article 11(a)–(f), Article 12(a)–(c), Article 14 and Article 19(d)–(e).

Article 5(a)–(e) of the Convention. Main spheres of action. The Committee notes the information provided by the Government on various training sessions and seminars held on OSH during 2009, and the establishment of a professional examination for occupational safety which appears to give effect to Article 5(c) of the Convention. The Committee asks the Government to provide further information on measures taken in law and in practice to give effect to the remaining requirements under Article 5.

Article 10. Guidance to employers and workers  The Committee notes the response provided in the Government’s report which indicates that many training sessions and seminars were held during 2009 on various laws and regulations relevant to OSH. The Committee asks the Government to indicate to whom these training sessions and seminars were addressed, and to provide further information on the measures taken to provide guidance to employers and workers so as to help them comply with legal obligations.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government indicating that of the 17,991 workplace inspections that took place in 2009, 16,008 irregularities or deficiencies were detected, and 11,269 deficiencies have since been removed, and that they primarily related to compulsory medical examinations, staff training, provision of first-aid equipment, etc. The Committee further notes that there were 494 occupational accidents and 12 deaths in 2009, and that a high number of these incidents occurred in the manufacturing and construction industries and were predominantly related to the lack of training of workers. The Committee asks the Government to provide information on measures taken or envisaged to address the high number of occupational accidents and deaths in the manufacturing and construction industries; to ensure the obligations under Article 19(d) on appropriate OSH training for workers and their representatives are applied in practice; and continue to provide information on the application of this Convention in practice, in particular with reference to occupational diseases.

Plan of Action (2010–16). The Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action to achieve widespread ratification and effective implementation of the key instruments in the area of occupational safety and health, and the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). The Committee would like to bring to the Government’s attention that, under this Plan of Action, the Office is available to provide assistance to governments, as appropriate, to bring their national law and practice into conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to provide information on any needs it may have in this respect.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 4, 5, 6, 7 and 15 of the Convention. National policy on occupational safety and health and implementing laws and regulations. The Committee notes the information that a national policy and a Council for Occupational Safety and Health, as an expert advisory body, is in the process of being set up (article 43 of the Law on Occupational Safety and Health J0.1992/07). This Council will, inter alia, review and provide recommendations concerning OSH programmes, a strategy for coherent policy for preventing and reducing workplace injuries and drafting legislative texts on OSH. The Committee would be grateful if the Government would keep it updated of any progress in this respect and to transmit a copy of this law as soon as it has been adopted.

Article 10. Measures taken to provide guidance to employers and workers to help them to comply with legal obligations. The Committee notes that in this respect the Government only refers to the enforcement actions to be taken by the labour inspectorate. The Committee notes, however, that there is no reference to guidance and information on OSH to be given to employers and workers to ensure compliance. The Committee requests the Government to provide further information on measures taken to give effect to this Article.

Article 11, paragraphs (a) to (f). Provisions concerning the progressive implementation of functions. The Committee notes that the Government refers to draft regulations which are going to be adopted in 2008 that reportedly regulates a number of issues relevant for the application of paragraphs (a) to (f). The Committee requests the Government to report on progress made in this respect in 2008 and to keep it informed on subsequent developments in this respect.

Article 12, paragraphs (a) to (c). 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 regulations on OSH and the working equipment and on personal protective equipment used by employees during work which are not available and which seem to regulate other issues than those regulated in this Article. The Committee requests the Government to provide further information on measures taken to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use: (i) satisfy themselves that the machinery, equipment or substances do not entail dangers; (ii) make available information concerning the correct installation and use of machinery, equipment and substances; and (iii) undertake studies and research to comply with the above obligations.

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’s report is silent on this issue. The Committee would like to draw the Government’s attention to the importance of OSH education and training not only those immediately concerned with the issue but also for the society at large. The Committee requests the Government to indicate measures taken in law and in practice to give effect to this Article of the Convention.

Article 15. Arrangements to ensure the necessary coordination between various authorities and bodies concerned in giving effect to the national OSH policy. The Committee notes that consultation with the most representative organizations of employers and workers is to be held through the Economic and Social Council to be set up. The Committee recalls that 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 organizations of employers and workers 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 keep it informed on the progress achieved in this respect.

Article 19, paragraphs (d) and (e). Measures to ensure that workers’ representatives are given adequate information and appropriate training and that they can have recourse to technical experts. The Committee notes that article 31 of the OSH Law regulates that the employer must provide each employee with appropriate OSH training. The Committee notes that as regards to the training to be provided to the workers’ representatives, the Government indicated that this is to be regulated in legislation or possibly through collective agreement. The Committee requests the Government to provide further information on measures taken or envisaged to give full effect to this Article of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports and, where such exists, 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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 4, 5, 6, 7 and 15 of the Convention. National policy on occupational safety and health and implementing laws and regulations. The Committee notes the information that a national policy and a Council for Occupational Safety and Health, as an expert advisory body, is in the process of being set up (article 43 of the Law on Occupational Safety and Health J0.1992/07). This Council will, inter alia, review and provide recommendations concerning OSH programmes, a strategy for coherent policy for preventing and reducing workplace injuries and drafting legislative texts on OSH. The Committee would be grateful if the Government would keep it updated of any progress in this respect and to transmit a copy of this law as soon as it has been adopted.

Article 10. Measures taken to provide guidance to employers and workers to help them to comply with legal obligations. The Committee notes that in this respect the Government only refers to the enforcement actions to be taken by the labour inspectorate. The Committee notes, however, that there is no reference to guidance and information on OSH to be given to employers and workers to ensure compliance. The Committee requests the Government to provide further information on measures taken to give effect to this Article.

Article 11, paragraphs (a) to (f). Provisions concerning the progressive implementation of functions. The Committee notes that the Government refers to draft regulations which are going to be adopted in 2008 that reportedly regulates a number of issues relevant for the application of paragraphs (a) to (f). The Committee requests the Government to report on progress made in this respect in 2008 and to keep it informed on subsequent developments in this respect.

Article 12, paragraphs (a) to (c). 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 regulations on OSH and the working equipment and on personal protective equipment used by employees during work which are not available and which seem to regulate other issues than those regulated in this Article. The Committee requests the Government to provide further information on measures taken to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use: (i) satisfy themselves that the machinery, equipment or substances do not entail dangers; (ii) make available information concerning the correct installation and use of machinery, equipment and substances; and (iii) undertake studies and research to comply with the above obligations.

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’s report is silent on this issue. The Committee would like to draw the Government’s attention to the importance of OSH education and training not only those immediately concerned with the issue but also for the society at large. The Committee requests the Government to indicate measures taken in law and in practice to give effect to this Article of the Convention.

Article 15. Arrangements to ensure the necessary coordination between various authorities and bodies concerned in giving effect to the national OSH policy. The Committee notes that consultation with the most representative organizations of employers and workers is to be held through the Economic and Social Council to be set up. The Committee recalls that 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 organizations of employers and workers 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 keep it informed on the progress achieved in this respect.

Article 19, paragraphs (d) and (e). Measures to ensure that workers’ representatives are given adequate information and appropriate training and that they can have recourse to technical experts. The Committee notes that article 31 of the OSH Law regulates that the employer must provide each employee with appropriate OSH training. The Committee notes that as regards to the training to be provided to the workers’ representatives, the Government indicated that this is to be regulated in legislation or possibly through collective agreement. The Committee requests the Government to provide further information on measures taken or envisaged to give full 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 and attach extracts from inspection reports and, where such exists, 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.